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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 ...

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 ...

Compensating superannuation members for 'fees for no advice'
Insight 16 May 2019

APRA and ASIC issued a joint letter to all RSE licensees entitled 'Oversight of fees charged to members' superannuation accounts' in early April, in response to the 'fee for no advice' issue that attracted so much attention in the Royal Commission ...

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 ...

Considering Robo-advice
Insight 17 Apr 2019

The Australian Financial Complaints Authority AFCA the new one-stop-shop for resolving financial complaints has had a very busy first six months of operation ...

Conflicts of interest and the duty to manage them
Insight 09 Aug 2016

The Corporations Act 2001 Cth was amended in 2004 to include an additional obligation for Australian financial services licensees to have in place adequate arrangements for the management of conflicts of interest that may arise in relation to the activities undertaken by the licensees in the ...

Innovative Superannuation Income Streams - at last
Insight 21 Mar 2017

Earlier today Treasury released exposure draft regulations for Innovative Superannuation Income Streams They set out income stream standards that will be relevant for products such as deferred annuities and group self-annuitised products The Allens Superannuation team reports ...

Updated guidance on conflicted remuneration and other banned benefits
Insight 07 Dec 2017

Earlier today ASIC released an updated version of Regulatory Guide 246 concerning conflicted remuneration and other banned benefits such as volume-based shelf-space fees The changes are largely to address the life insurance remuneration reforms which take effect on 1 January 2018 But there are other ...

Productivity Commission releases draft report on competition in the financial system
Insight 20 Feb 2018

The Productivity Commissions draft report on competition in the financial system released earlier in February makes 25 draft recommendations a key focus of which are reforms to the regulatory system ...

UK Supreme Court counters High Court on penalties
Insight 19 Nov 2015

The highest appellate court in the UK has affirmed and restated the penalty rule as it applies in the UK in a recent decision that directly addresses and counters the High Court of Australias approach to the rule in Andrews Partner Nick Rudge and Lawyer Patrick Easton report ...

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