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2017 Budget: increased scrutiny on competition in the financial system
Insight 07 Jun 2017

The financial services sector has been under scrutiny for some time with many different voices clamouring for further regulation or inquiries in a sector that is already highly regulated The recent Federal Budget included a number of measures focused on the state of competition in the financial ...

Broader reform themes evident in ASIC's forestry schemes submission
Insight 22 Oct 2014

ASICs Senate submission on forestry schemes has emphasised important regulatory reform themes with implications for managed investment schemes and financial services regulation more generally Partner Marc Kemp Consultant Derek Heath and Lawyer Patrick Boyle report ...

Civil penalties: are negotiated outcomes still negotiable?
Insight 12 Mar 2014

A recent decision of the High Court could intensify uncertainty about the legitimacy of resolving civil penalty proceedings by the regulator and the defendant approaching the court with an agreed penalty supported by an agreed statement of facts Partner Matthew McLennan and Lawyer Megan Sandler ...

CAMAC is dead. Long live the FSI
Insight 04 Jun 2014

The recent Federal budget included measures to abolish some government bodies by 1 July 2015 One of those is the Corporations and Markets Advisory Committee CAMAC This is a pity for those involved in the funds management industry because it means that CAMAC is no longer accepting submissions in ...

More (good) Queensland property law changes (inc. up to 20% deposits!!)
Insight 04 Jun 2014

Further amendments to existing property legislation that aims to streamline the sale of property particularly in respect of the sale of off-the-plan lots have been introduced into the Queensland Parliament These amendments will be of substantial benefit to developers Partner Alister Fitzgerald ...

Rethinking Australia's regulatory approach to securitisation
Insight 04 Jun 2014

The Australian securitisation market was arguably more resilient than many during the GFC However certain regulatory and structural features of the Australian securitisation market have hampered its growth and the ability of Australian issuers to tap the full potential of investor demand ...

Superannuation-guarantee amnesty, and proposed modern slavery legislation
Insight 31 Jul 2018

Two important pieces of draft legislation under Federal consideration are how employers deal with historical superannuation contribution shortfalls, and the possible requirement of employers to report on modern slavery risks and practices in their workforce and supply chains. ...

1 July 2018 changes affecting employers, and public consultation opens on Western Australia's WHS reforms
Insight 31 Jul 2018

Several changes relevant to employers took effect on 1 July 2018, including in relation to minimum rates of pay, the high income threshold, the superannuation maximum contribution base and penalty rates in certain industries. Separately, WA has moved a step closer to a modernised Work Health and Saf ...

Competing class actions - a problem in need of a solution
Insight 20 Aug 2018

As fertile ground for class actions the Royal Commission has highlighted an ongoing problem with Australia's class action regime - there is no clear consistent means for resolving competing class actions. ...

Close and continuous monitoring - the new ASIC approach of embedding its officers in banks
Insight 19 Sep 2018

ASIC has recently announced a new supervisory approach that involves embedding ASIC officers in the four major banks and AMP ...

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