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Anti-corruption reforms: a view from the B20 Australia
Anti-corruption was high on the agenda at the B20 Australia summit recently held in Sydney Allens Partner Rachel Nicolson a director of the UN Global Compact Network Australia and convenor of its Anti-Corruption Leadership Group attended the summit and provides an overview of the issues discussed ...
Government releases FOFA regulations
The Governments much anticipated FOFA regulations were registered today and provide significant relief for benefits provided to employees and representatives of product issuers who provide general advice They also expressly allow bonuses to be linked to successful product sales providing the bonus ...
'Fraud on the market' theory survives challenge in the US
Perhaps the most important unanswered question in Australian class action law is how causation may be established in the context of a shareholder class action In the United States this issue has been addressed by the fraud on the market theory This week the US Supreme Court rejected a challenge to ...
New measures on resilience, collateral protection and client money
The Government yesterday released for consultation draft legislation containing resilience and collateral protection measures Think payment systems netting and derivatives But also think superannuation trustees and life companies investing in centrally-cleared OTC derivatives - and restrictions on ...
High Court decision on retention obligations provides some clarity to liquidators
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 ...
Product rationalisation - again
The FSI report recommended that the Government facilitate rationalisation of legacy products in the life insurance and managed investment scheme industries The need for ways to close legacy products has been kicking around for at least a decade and in 2007 Treasury released a very thorough options ...
What does the Government's response to the FSI mean for banks?
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 ...
Significant 'blow' for penalties claims
Today the Full Federal Court clarified the law of penalties as it applies to fees The key development is that in considering whether the amount of a fee is extravagant and exorbitant compared to the potential costs incurred in dealing with a failure to perform an obligation the court held that ...
How to avoid anti-money laundering compliance headaches - financial product issues
Issues of securities interests in managed investment schemes and other types of financial products typically involve a number of designated services under Australias anti-money laundering and counter terrorism financing AMLCTF regime However in the midst of preparing governing documents disclosure ...
ASIC - A crackdown on corporate culture
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 ...