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'Tough cop' ASIC vs a Royal Commission
Insight 04 May 2016

Has talk of a royal commission turned the ASIC Capability Review into an unlikely catalyst for an enhanced enforcement agenda With Labor pushing hard for a royal commission into the banking and financial services industry and an election looming the Government moved swiftly to announce broad reform ...

Counsel Assisting the Royal Commission alleges significant superannuation misconduct
Insight 27 Aug 2018

The list of alleged breaches are divided into breaches of the SIS Act the Corporations Act and the ASIC Act we consider each of these and what it might mean ...

Where we are with superannuation retirement income changes
Insight 19 Jul 2018

The Government has slowly been changing the superannuation retirement income system with the aim of increasing the range of retirement products available to Australians A number of changes have already been implemented and more are to come with the proposed Comprehensive Income Products for ...

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 ...

You've got to be perfected - Equipment leasing and the PPSA
Insight 07 Mar 2016

A recent decision of the Supreme Court of New South Wales has again illustrated the potentially severe consequences for lessors of equipment and other goods under the vesting provisions of the Personal Property Securities Act 2009 Cth The lease can be a security interest If the lessors dont perfect ...

A framework for CIPRs or just more work for super trustees?
Insight 16 Dec 2016

Treasury released a paper seeking feedback on a framework for Comprehensive Income Products for Retirement. It will permit trustees to offer members on a 'soft default' basis 'mass-customised, composite retirement income products' and, to encourage trustees ...

Conflicted remuneration and life insurance
Insight 20 Oct 2016

Exposure draft life insurance regulations were released yesterday They are a marked departure from the existing conflicted remuneration provisions Now a benefit can only be conflicted remuneration if it could reasonably be expected to influence financial product advice These regulations will create ...

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 ...

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 ...

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