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The High Court has its say on penalties
Insight 09 Aug 2016

The high court handed down its decision in Paciocco v Australia and New Zealand banking group limited. ...

Life insurance advice remuneration legislation released
Insight 04 Dec 2015

The Government released yesterday an exposure draft of the Corporations Amendment Life Insurance Remuneration Arrangements Bill 2015 The Government says the Bill removes the current exemption in the Corporations Act from the ban on conflicted remuneration for benefits paid in relation to certain ...

Superannuation and the Government's response to the FSI
Insight 06 Nov 2015

The Governments response to the FSIs superannuation recommendations is as with much of the rest of the responses somewhat safe and as a result arguably disappointing As with the Inquirys recommendations it shifts from the sublime to the ridiculous ndash on the one hand it deals with the really ...

Guarantors owed a duty of care under the Code of Banking Practice
Insight 21 Jan 2016

A recent decision of the Victorian Court of Appeal has given a wide meaning to the Code of Banking Practice finding that the duty of care owed by a lender in assessing the borrowers ability to repay extends to guarantors Effectively the bank was responsible to guarantordirectors for funding their ...

Product rationalisation - again
Insight 08 Dec 2015

The FSI report recommended that the Government facilitate rationalisation of legacy products in the life insurance and managed investment scheme industries The need for ways to close legacy products has been kicking around for at least a decade and in 2007 Treasury released a very thorough options ...

Government launches innovation agenda - now wait for the ideas boom
Insight 08 Dec 2015

You might be getting tired of all of the talk about innovation and keen to see some of it actually happen The Governments recent announcements could help but there is a long way to go before the mining boom becomes the ideas boom ...

Coming this spring: ACCC to monitor large merchants' payment surcharges
Insight 02 Jun 2016

The Reserve Bank has now released a Standard which sets out what payment surcharges will be permitted for the purposes of the new Part IVC of the Competition and Consumer Act 2010 Cth The aim of the Standard is to improve competition and efficiency by providing to consumers price signals associated ...

The ASIC Enforcement Review Taskforce unloaded
Insight 03 Nov 2016

The ASIC Enforcement Review Taskforce members and terms of reference have been announced The terms of reference are very broad and come as no surprise with an emphasis on evaluating the adequacy of ASICs enforcement toolkit We analyse the key themes that are likely to emerge ...

Not better late - the Prime Trust appeal judgment
Insight 06 Sep 2016

The main Prime Trust appeal judgement is relatively well known but a trusts responsible entities and their officers should look at what the appeal court had to say on other related matters ...

Approved product lists and FoFA adviser duties
Insight 07 Aug 2017

The FoFA duties that apply to personal advice given to retail clients have been operating for over four years now. ASIC has enjoyed some recent success in the courts in cases brought on the basis of those duties. ...

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