261-270 of 638 results
Forge-ing ahead - the treatment of fixtures under the PPSA
Under the Personal Property Securities Act 2009 (Cth), the Court of Appeal have confirmed that 'fixtures' are to be understood in the same way as at general law and the same common law test applies to determining whether goods affixed to land have become fixtures. ...
Design and distribution obligations - products caught (or excluded)
Four and a half years after the FSI recommended a targeted and principles-based design and distribution obligation the Design and Distribution Obligations and Product Intervention Powers Act 2019 the Act has recently received the Royal Asset Although the design and distribution obligations will not ...
Move to require big banks' participation in comprehensive credit reporting
The Federal Government has introduced draft legislation to establish a long-awaited mandatory comprehensive credit reporting regime for the major banks from 1 July 2018 Partner Gavin Smith Senior Associate Emily Cravigan and Lawyer Dougald Coulson report ...
Financial advice - vertically integrated institutions and conflicts of interest
ASIC has released its report on financial advice provided by vertically integrated institutions which is likely to be read with great interest by Commissioner Hayne and his team Senior Regulatory Counsel Michael Mathieson and Partner Michelle Levy report ...
ACCC releases draft Consumer Data Right Rules for consultation
In preparation for the implementation of the first phase of the Consumer Data Right on 1 July 2019 the ACCC has released draft CDR Rules for consultation The draft rules detail how the CDR will function across all designated sectors in practice including how data is to be shared the criteria for ...
Statutory priority of secured creditors and trustee insolvency: implications of Re Amerind appeal decision
Implications of Re Amerind appeal decision has been widely welcomed by insolvency practitioners and others, as it brought some clarity to the question of whether the statutory order of priority applies to trust creditors. ...
Preparing a target market determination for a financial product
As the design and distribution obligations for issuers and distributors of financial products inch closer there is a good deal of hand-wringing taking place Much of it concerns what a target market determination should look like Guidance from the European Securities and Markets Authority on MiFID II ...
FX global code update
The FX Global Code was launched in Australia earlier this year and applies to market participants including most financial institutions bank asset managers brokers and E-trading platforms The Code sets out 55 best practice principles and although compliance is voluntary it is expected that these ...
Draft code of ethics for financial advisers - in need of much more work
You would be hard pressed to find a bigger load of nonsense than the draft code of ethics for financial advisers issued recently by the Financial Adviser Standards and Ethics Authority ...
Designing effective remediation programs
ASIC issued Regulatory Guide 256 Client review and remediation conducted by advice licensees late last week In short RG 256 says an Australian financial services licensees duty to provide financial services efficiently honestly and fairly means they have to take responsibility for the consequences ...