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High Court decision on retention obligations provides some clarity to liquidators
Insight 14 Dec 2015

The High Court has ruled that a liquidator has no obligation to retain monies on account of tax until a notice of assessment has been issued The decision will provide much needed clarity for liquidators and other statutorily deemed trustees and agents Partners Charles Armitage and Christopher ...

ASIC - A crackdown on corporate culture
Insight 04 Sep 2015

Corporate culture and its role in shaping conduct within the financial services sector is now clearly at the forefront of ASICs enforcement agenda This focus was apparent in ASICs 2014-2015 strategic outlook released in October 2014 which identified corporate culture as a key risk driver and poor ...

What does the Government's response to the FSI mean for banks?
Insight 06 Nov 2015

The short answer is it depends on which kind of bank you are The Financial System Inquirys final report and the Governments response mean a lot for ANZ CBA NAB and Westpac particularly given their significant residential mortgage portfolios They also mean a lot for Macquarie As for the rest of the ...

The 'Internet of Things' meets financial advice
Insight 05 Nov 2014

With financial services providers already taking advantage of the possibilities created by a new tide of internet meta data we need regulators and a regulatory regime that see the opportunities implicit in the change and not only the risks ...

Royal Commission update
Insight 15 May 2018

The hearings in the Financial Services Royal Commission have been compulsory viewing not only for financial services industry participants and their regulators and professional service providers The hearings have exposed wide-ranging actual or alleged wrongful conduct that has captured the attention ...

Royal Commission: Round 3 - experiences with SME lending
Insight 02 Oct 2018

The third round of the Royal Commissions hearings concerned lending practices to small and medium enterprises SMEs The hearings considered a range of case studies ...

Australia and Singapore enter into Comprehensive Strategic Partnership
Insight 17 May 2016

The Australian and Singaporean governments have recently concluded discussions on a landmark agreement that will see the two countries cooperating across a range of strategic initiatives including in the areas of trade and economics innovation education people and defence The Comprehensive Strategic ...

Directors' duties and cyber resilience
Insight 05 Sep 2017

The Target data breach brought the liability of boards and directors in relation to cyber resilience into focus. Target's shareholders brought litigation against all of its directors, the chief financial officer and the chief information officer due to what was perceived as recklessness and disregar ...

Treasury proposes tougher penalties for corporate and financial sector misconduct
Insight 26 Sep 2018

The Federal Government has released exposure draft legislation for public consultation that if enacted will implement many of the recommendations of the ASIC Enforcement Review Taskforce to strengthen the penalty regime for corporate and financial sector misconduct Partner Simun Soljo and Lawyer ...

Expert review into fees and costs disclosure - further changes ahead
Insight 20 Aug 2018

Many of you will be familiar with the long and tortured history of fees and costs disclosure regulation in Australia. The most recent set of issues can be traced back to 2014 when ASIC tried to address what it considered to be gaps in and inconsistent application of the former regime ...

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