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Welcome changes to the derivative charging rules for superannuation trustees
The Government has recently made changes to superannuation law that helps clear the way for trustees of regulated superannuation funds to charge fund assets in order to enter into a broad range of exchange-traded and Over-The-Counter derivative transactions The changes are intended to make it easier ...
Brexit and financial services regulation
The idea that the UK could on leaving the EU simply walk away from a significant amount of EU financial services regulation seems fantastical It is likely that the UK will instead have to adopt on exit vast amounts of EU financial services regulation However the UK will have no say on the future ...
Transparency and Accountability - and not just for Wall Street
The regulatory law repercussions of the GFC remain endlessly fascinating As an example take the Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 It runs to 848 pages Title VII addresses perhaps optimistically Wall Street Transparency and Accountability My favourite provision is section ...
Coming this spring: ACCC to monitor large merchants' payment surcharges
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 ...
Crowd-sourced equity funding
The Government has finally begun the process of implementing its policy on crowd-sourced equity funding CSEF by introducing a Bill and releasing draft exposure regulations late last year which envisage the establishment of a CSEF regime in Australia The Bill has been referred to the Senate Economics ...
What do the product intervention powers of the UK financial conduct regulator look like?
If you have been following the Financial System Inquiry you will not have missed the idea of giving the Australian Securities and Investments Commission ASIC additional product intervention powers These powers exist in the UK What do they look like This question is more relevant than ever right now ...
A new tool in the fraud and anti-corruption kit
The Federal Government has established a new Fraud and Anti-Corruption Centre to deal with allegations of white-collar crime Partner Rachel Nicolson Senior Associate Tessa Meyrick and Associate Freya Dinshaw consider the impact of the new federal body and the changing enforcement landscape in ...
Agency arrangements alright - ANZ and Flight Centre succeed in appeals
The Full Federal Court today handed down its decisions in two high-profile appeals in relation to ANZ and Flight Centre Both cases dealt with the issue of distribution arrangements and price fixing Partner Carolyn Oddie and Associate Theodore Souris look at the implications for business ...
The investment chapter of the Trans-Pacific Partnership
The release of the text of the Trans-Pacific Partnership Agreement has renewed the debate about the ability of foreign investors to sue governments under investor-State dispute settlement mechanisms which are commonly part of international trade agreements or investment treaties between States ...
Would you like best interests with that? Conflicted remuneration, American style
Last month we were fortunate enough to host Barney Frank co-architect of the Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 to discuss financial regulation reform Coincidentally a couple of weeks later we were treated to a presentation on US financial regulation reforms by a US ...