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Government introduces the Financial Sector Reform (Hayne Royal Commission Response) Bill 2020
Insight 13 Nov 2020

The government yesterday introduced into Parliament the Financial Sector Reform (Hayne Royal Commission Response) Bill 2020 to implement a large number of the Hayne Royal Commission recommendations. Many provisions have a start date of 1 January 2021, and some don't have a transition period. ...

Foreign influence – from education to enforcement
Insight 09 Nov 2020

A heightened risk of foreign interference and a shift towards enforcement of the new foreign influence and interference legislation means it is now critical to consider any compliance risks your business may face. ...

Act fast, act well: Federal Court decision reinforces the importance of robust compliance programs for banks and other financial services licensees
Insight 27 Oct 2020

Chief Justice Allsop of the Federal Court recently imposed on a bank, by consent of ASIC and the bank, civil penalties totalling $10 million for unconscionable conduct in carrying out an inadequate customer remediation process. It highlights the importance of banks and other financial services licensees having in place robust compliance programs and taking prompt and comprehensive action where possible non-compliance is identified. ...

Australia's second shareholder class action judgment
Insight 26 Oct 2020

In the wake of Crowley v Worley Limited, Australia's first two shareholder class action judgments highlight the significant risk that applicants, and the litigation funders that support them, take when pursuing such claims to trial. Neither judgment sounded in any award of damages for shareholders. ...

A key landmark in IBOR transition
Insight 23 Oct 2020

The long-awaited ISDA IBOR Fallbacks Supplement and Protocol will be going live today with the endorsement of ASIC, the RBA and APRA. They implement new benchmark fallbacks for both future and existing derivative contracts, facilitating the efficient transition from LIBOR and other IBORs in anticipation of their discontinuation. If you have a derivatives portfolio, the Protocol allows quick and easy adoption of the new fallbacks through a one-off adherence. That said, it may not be sufficient to cover all scenarios. ...

Linklaters: Key finance insights
Insight 07 Oct 2020

The pandemic has shone blinding spotlights on existing areas of concern within competition law and accelerated attempts by policy makers to find solutions. ...

Incident Response Map
Insight 01 Oct 2020

This Incidence Response Map provides high-level guidance on responding to an 'incident', such as possible foreign bribery, serious fraud and other breaches of laws that can have significant financial, reputational and commercial implications. ...

Dollars and sense: the evolution of executive remuneration practices
Insight 30 Sep 2020

The need for robust executive remuneration frameworks is becoming increasingly important as companies tackle the challenges arising out of the COVID-19 pandemic, a heightened regulatory environment and the need to strike the right balance with executives to drive and reward conduct and performance t ...

'Winding back' responsible lending obligations
Insight 29 Sep 2020

The Government announced a simplification to Australia's consumer credit regulatory regime, which has been widely reported as a 'wind back' or 'axing' of the responsible lending obligations (RLOs) under the National Consumer Credit Protection Act 2009 (Cth) (Credit Act). Learn more from our experts. ...

Superannuation trustees and 'efficiently, honestly and fairly'
Insight 24 Sep 2020

The Federal Court has made declarations that two superannuation fund trustees contravened ss912A(1)(a) (efficient, honest and fair obligation) and 1041H (misleading or deceptive conduct) of the Corporations Act, and s12DA (misleading or deceptive conduct) of the ASIC Act. ...

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