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All that glistens isn't Goldsky – key learnings from the ASIC v Goldsky decision
Insight 01 Oct 2019

The recent case of ASIC v Goldsky Global Access Fund raises a number of compelling questions (some of which we explore below), and fund managers would do well not to place too much stock in the judgment in support of arguments that a trustee of a wholesale fund may act as trustee with the benefit of ...

New ASIC funding - looking beyond the headlines
Insight 04 May 2016

Along with the public release of the ASIC Capability Review Report the Government announced a suite of reforms giving ASIC additional but targeted funding and has also sought to remove some of the shackles on hiring it believes may be hindering ASICs ability to recruit top talent At the same time ...

Green Renaissance in Australia
Insight 08 Jun 2016

After more than three years of inertia, the Australian renewable energy industry is finally showing signs of a resurgence ...

AMITs are here (at last)
Insight 02 Jun 2016

It has taken a while but out of the dust of an early Federal Budget and double-dissolution election announcement a new tax attribution regime for Attribution Managed Investment Trusts has emerged relatively intact While the AMIT regime should generally be welcomed as a positive thing for MITs in ...

Brexit and financial services regulation
Insight 06 Jul 2016

The idea that the UK could on leaving the EU simply walk away from a significant amount of EU financial services regulation seems fantastical It is likely that the UK will instead have to adopt on exit vast amounts of EU financial services regulation However the UK will have no say on the future ...

Local issuers, international format
Insight 31 Aug 2016

At the same time as more international issuers appear to be looking at international programme formats for their Australian dollar issuance so Australian borrowers are contemplating the use of EMTN programmes even for their domestic currency issuance ...

Designing effective remediation programs
Insight 19 Sep 2016

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 ...

Are super funds and managed investment schemes the next frontier for shareholders with activist agendas?
Insight 07 Oct 2016

A recent Federal Court appellate decision highlights the fundamental tension in the Corporations Act between shareholders power to propose resolutions at members meetings and the proposition that a company is to be managed by its Board of directors ...

Review into four major banks - money for consultants?
Insight 25 Nov 2016

The Parliamentary Economics Committee released its report following its review into Australias four major banks yesterday Our Financial Services Regulation team has a look at the recommendations in this update ...

Risk culture - 'an evolving area of supervisory practice'
Insight 03 Nov 2016

A director of a bank life company or general insurer who read APRAs recent information paper on risk culture could be excused for indulging in a wry smile Since mid-2015 he or she has been subject to legislative obligations concerning risk culture However the information paper suggests that APRA is ...

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