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Contract Law Update 2016
When is a person bound by their e-signature When does a breach of contract constitute a repudiation of that contract When does an exchange of correspondence give rise to a binding contract What is the latest on penalties These were some of the contract law issues considered by appellate courts ...
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 ...
Mandatory margining
Late last year APRA released the implementation schedule for its long-awaited Prudential Standard CPS 226 Margining and risk mitigation for non-centrally cleared derivatives ...
Australia implements expanded sanctions against Russia
Australia has imposed sector-wide prohibitions on a range of imports to exports from and commercial activities with Russia Crimea and Sevastopol Partner Rachel Nicolson Associate Andrew Wilcock and Law Graduate Alice Crawford report on how these sanctions will impact on companies engaged in business ...
Key superannuation reforms deferred to 1 July 2015
The Federal Government has today announced that the start date for portfolio holdings disclosure reporting and choice product dashboard requirements will be deferred until 1 July 2015 to allow it further time to consult on the detail of the requirements Partner Geoff Sanders and Lawyer Stephanie ...
Some facts (and myths) about ASIC and product intervention powers
The closer you look at the recent discussion about product intervention powers for ASIC the clearer it becomes that the discussion has little basis in fact ...
ASIC's no action position on the wholesale/retail test for self-managed super funds
The Australian Securities and Investments Commission has announced that it will take no action where a self-managed superannuation fund trustee is treated as a wholesale client notwithstanding that the trustee does not have to meet the 10 million net asset threshold even though the financial service ...
Running out of time for retirement income reform
The Government has released a consultation paper on the regulation of retirement income streams It says that the Government wants to encourage the development of more retirement products But this is old news and the paper offers few concrete policy proposals other than in the area of deferred ...
Regulating bonuses: will Australia be next?
The UKs Financial Conduct Authority and Prudential Regulation Authority released rules in June this year to further tighten what are already fairly onerous restrictions on the payment of bonuses to staff in banks building societies and certain big investment firms The worlds financial regulators ...
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 ...