391-400 of 462 results
Superannuation trustees and 'efficiently, honestly and fairly'
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. ...
ASIC issues hardship withdrawal relief to responsible entities
In response to the COVID-19 pandemic, ASIC has provided relief reminiscent of the GFC to allow hardship withdrawals from frozen funds. The COVID-19 version of hardship-relief goes further than its GFC predecessor in many respects. We provide an overview of the issue. ...
Dollars and sense: the evolution of executive remuneration practices
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
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. ...
Tracking the modern slavery landscape: recent developments
An update on developments in the modern slavery compliance space, with a focus on emerging trends in activism, legislative reform and litigation, and the impacts of COVID-19. ...
Financial advice relief – all talk and no-action
We said at the outset of this pandemic that financial advice will play an important role in supporting members who are considering whether to access their super early. Alive to that, ASIC recently released a series of measures to facilitate access to financial advice ...
The simple case of the SIS Act 'best interests' obligation
Commissioner Hayne's comments in his final report, and the surge of community interest in super, have resulted in a renaissance of sorts for the 'best interests' obligation. ...
ACCC loses 'flushable wipes' appeal due to pleading and evidentiary issues
The decision in ACCC v Kimberly-Clark Australia identifies pleading and evidentiary issues in the ACCC's case, and provides useful guidance for companies about how courts will interpret product representations and what will be considered the relevant 'context' of representations made in marketing ...
Allens' submission to the Parliamentary Joint Committee on Corporations and Financial Services Inquiry into litigation funding and the regulation of the class action industry
Allens has advocated for reform to the class action regime for many years, including by way of submissions to inquiries conducted by the Australian Law Reform Commission and the Victorian Law Reform Commission. We have made a detailed submission to the current inquiry in which we outline our concerns regarding the increasingly entrepreneurial direction of Australia's class action landscape and advocate for (and against) various reforms. ...
The PROOF is in the pudding? Using WIPO's new digital evidence tool to strengthen your IP rights
WIPO PROOF - WIPO's new service can be used to prove the existence and contents of a digital file at a given time. ...