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Contract Law Update 2016
When is a person bound by their e-signature When does a breach of contract constitute a repudiation of that contract When does an exchange of correspondence give rise to a binding contract What is the latest on penalties These were some of the contract law issues considered by appellate courts ...
Mandatory margining
Late last year APRA released the implementation schedule for its long-awaited Prudential Standard CPS 226 Margining and risk mitigation for non-centrally cleared derivatives ...
Design and distribution obligations - products caught (or excluded)
Four and a half years after the FSI recommended a targeted and principles-based design and distribution obligation the Design and Distribution Obligations and Product Intervention Powers Act 2019 the Act has recently received the Royal Asset Although the design and distribution obligations will not ...
Key superannuation reforms deferred to 1 July 2015
The Federal Government has today announced that the start date for portfolio holdings disclosure reporting and choice product dashboard requirements will be deferred until 1 July 2015 to allow it further time to consult on the detail of the requirements Partner Geoff Sanders and Lawyer Stephanie ...
ASIC's enforcement decisions - is litigation the most effective deterrent?
We have previously reported on ASICs submission to the Financial System Inquiry FSI and in particular its assertion that it needs a broader range of more onerous financial penalties in order to punish and deter corporate wrongdoing ASIC made similar submissions to the recent inquiry by the Senate ...
Some facts (and myths) about ASIC and product intervention powers
The closer you look at the recent discussion about product intervention powers for ASIC the clearer it becomes that the discussion has little basis in fact ...
Murray in a muddle over retirement incomes
A close reading of the retirement incomes chapter in the interim report of the Financial System Inquiry reveals a series of paradoxes ...
Designing effective remediation programs
ASIC issued Regulatory Guide 256 Client review and remediation conducted by advice licensees late last week In short RG 256 says an Australian financial services licensees duty to provide financial services efficiently honestly and fairly means they have to take responsibility for the consequences ...
What might the PC review into superannuation mean for fund investments?
The Productivity Commission Draft Report into the Efficiency and Competitiveness of Australias superannuation system weighing in at a substantial 549 pages contains a treasure trove of information on and analysis of a wide range of aspects of the industry ...
Slater & Gordon begins its superannuation class actions
As predicted in an Insight in 2018, the Financial Services Royal Commission has proved to be a hotbed for class actions. ...