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APRA's assessment of life insurers: 'must try harder'
As an institution APRA can be partial to bureaucratese As keen readers of APRAs writings we sometimes find ourselves asking ndash what is APRA really saying here And that is a question worth asking when reading APRAs recent letter to life companies setting out its concerns with group insurance ...
Trowbridge - a bridge too far?
In October 2014 ASIC released its report into retail life insurance advice practices The findings were pretty grim - with poor advice being more common than good or even adequate advice ASIC said that advisers were motivated by the promise of commissions not the interests of their clients Following ...
Draft rules published for mandatory central clearing of derivatives and single-sided reporting
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 ...
Under construction: Planning Minister launches review of the Victorian Heritage Act
This week the Victorian Planning Minister kickstarted a review into the Heritage Act 1995 Vic by launching a discussion paper outlining Heritage Victorias suggestions for reform Developers and heritage-listed property owners should consider the proposed changes to prepare for a public consultation ...
A new dawn for crowd sourced equity funding?
CAMAC and the FSI have acknowledged that the current Australian regulatory settings are hostile to crowd sourced equity funding A recently released Treasury Discussion Paper has considered three options for law reform and what each might mean for the development of this innovative form of capital ...
Bigger sticks, smaller budget: ASIC's enforcement in 2015
In 2014 the Australian Securities and Investments Commission ASIC was chastened by the Senate Economics References Committee which wants ASIC to be more effective but encouraged by the Financial System Inquiry which wants ASIC to take on greater powers Meanwhile the Federal Government has reduced ...
Cleaning company franchisor cleaned up by ACCC
The Federal Court has awarded a substantial penalty of $500,000 against a franchisor that had contravened both the Australian Consumer Law and the Franchising Code of Conduct ...
High Court 'moves' unanimously in defining the scope of consideration for tax purposes
Those involved in property development arrangements or business acquisitions should be aware of the tax implications of the recent High Court decision in Lend Lease Development that has broadened the scope of what forms the consideration for the transfer of dutiable property The High Court found ...
What do smoked fish have to do with retirement incomes?
The final report of the Financial System Inquiry recommended that APRA-regulated superannuation trustees be required to offer a comprehensive income product for retirement This rather modest recommendation in the final report stands in stark contrast to the retirement phase policy options canvassed ...
Will Australia serve up a Chilean-style super system?
The Financial System Inquirys final report was blunt in its assessment of the current state of Australias super system noting that the superannuation system is not operationally efficient due to a lack of strong price-based competition The Inquirys concern with super fees and costs led to one of the ...