261-270 of 489 results
ASIC's enforcement decisions - is litigation the most effective deterrent?
We have previously reported on ASICs submission to the Financial System Inquiry FSI and in particular its assertion that it needs a broader range of more onerous financial penalties in order to punish and deter corporate wrongdoing ASIC made similar submissions to the recent inquiry by the Senate ...
Risk management - what, if anything, does the 'three lines of defence' model do?
From 1 January 2015 a new common risk management prudential standard will apply to banks general insurers and life companies and in many cases to other companies in the corporate groups in which those institutions sit Michael Mathieson looks at the three lines of defence model that APRA proposes to ...
Should APRA's prudential standard-making powers extend to directors' duties?
In recent times APRA has been active in prescribing duties for directors of the institutions it regulates In light of what has happened it is worth asking should the question of directors duties be excluded from APRAs prudential standard-making powers ...
Emissions Reduction Fund Green Paper released
The Federal Government has released its Green Paper on the design of the Emissions Reduction Fund Partner Grant Anderson reports on this proposed centrepiece of the Governments Direct Action Plan ...
Using 'reasonable endeavours' - the importance of internal contractual standards
The High Court has recently highlighted the significance of internal contractual standards when interpreting an obligation to use reasonable endeavours Partner Nick Rudge and Lawyers Goran Gelic and Timothy Leschke report on this development and its implications ...
Final piece of privacy reform jigsaw
In important news for any Australian business that provides goods or services to individuals on deferred payment terms the long-awaited Credit Reporting Privacy Code has been registered Partner Michael Pattison and Senior Associate Matt Vitins report on the implications of the credit reporting ...
ASIC tweaks employee incentive scheme relief
Various amendments to ASICs employee incentive scheme class order relief have now come into effect Described by ASIC as minor and machinery in nature the clarifications and improvements were prompted in part by market feedback Partner Greg Bosmans looks at the changes ...
The changing landscape of international investment agreements
A recent United Nations Conference on Trade and Development report identifies recent trends in international investment agreements and investor-state dispute settlement - among them a rise in the integration of sustainable development objectives including via more careful regulation by states of ...
ASIC's enforcement powers may receive a boost
In preparing its Final Report the FSI has clearly paid close attention to the report of the Senate Economics References Committees Report into ASICs performance and its recommendations designed to strengthen ASIC through a combination of better funding an enhanced regulatory toolkit and higher ...
Further guidance on promoter penalty provisions
The Federal Court has recently had another opportunity to consider the application of the promoter penalty provisions in the Taxation Administration Act The Federal Courts recent decision indicates that the promotion of schemes that are clear and deliberate tax exploitation schemes will result in ...