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Full Federal Court rules against agreed civil penalties
Insight 04 Jun 2015

Ecstasy cocaine and industrial action at a construction site are unlikely subjects for an article on financial services regulation They are however the things that have led to what could be a significant change to the way in which financial services regulators like ASIC and APRA can resolve civil ...

The beginning of the end of the unit trust's monopoly?
Insight 03 Jul 2015

It is surprising the Federal Government did not make more of its release on 4 June of the Board of Taxations report on tax arrangements applying to collective investment vehicles We can only assume that the government was slightly embarrassed that the report handed to the previous government in 2011 ...

Draft rules published for mandatory central clearing of derivatives and single-sided reporting
Insight 03 Jul 2015

ASIC has published draft rules for mandatory central clearing of certain derivatives while Treasury has published draft regulations that would permit single-sided reporting of Over-the-Counter Derivatives in some situations Partner Tom Highnam and Lawyer David Lewis discuss the implications of these ...

Bitter Harvest yields fertile ground for MIS reform
Insight 05 Apr 2016

Last month the Senate Economics References Committee handed down its long-awaited report on the structure and development of agribusiness-managed investment schemes The Committees inquiry into agribusiness schemes had been instigated in June 2014 by Greens Senator Peter Whish-Wilson While there had ...

Improving the role of the Appointed Actuary
Insight 06 Sep 2016

APRA is seeking to improve the role of the Appointed Actuary in general and life insurance companies and has proposed some reforms in a discussion paper released earlier this year ...

The High Court has its say on penalties
Insight 09 Aug 2016

The high court handed down its decision in Paciocco v Australia and New Zealand banking group limited. ...

Productivity Commission report into superannuation system bodes well for the future
Insight 06 Sep 2016

At first glance the recent Productivity Commission Draft Report on How to Assess the Competitiveness and Efficiency of the Superannuation System August 2016 could be dismissed as nothing more than a procedural step along the road to the ultimate goal as recommended by the FSI of developing an ...

Not better late - the Prime Trust appeal judgment
Insight 06 Sep 2016

The main Prime Trust appeal judgement is relatively well known but a trusts responsible entities and their officers should look at what the appeal court had to say on other related matters ...

Spotting hurdles in the race to market Australian funds in Asia
Insight 05 Apr 2016

The introduction of the Asia Region Funds Passport ARFP has been in the works for some time The ARFP was one of the recommendations coming out of the 2009 Johnson Report and aims to provide a basis for cross-border marketing of managed funds in the Asia region While there has been a tendency to ...

Utmost good faith, life insurance and ASIC
Insight 05 Apr 2016

The judgment of Lord Mansfield in Carter v Boehm in 1766 is frequently cited as establishing the principle that parties to an insurance contract owe each other duties of utmost good faith. ...

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