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Allens insights: Brave new world where financial advisers work in sales
Insight 20 Aug 2014

The Senate Economics Committees Report into ASICs performance is an interesting read It opens by calling ASIC a timid hesitant regulator too ready and willing to accept uncritically the assurances of a large institution And continues in a similar vein for almost 500 pages ASIC says it does the best ...

ASIC's no action position on the wholesale/retail test for self-managed super funds
Insight 11 Aug 2014

The Australian Securities and Investments Commission has announced that it will take no action where a self-managed superannuation fund trustee is treated as a wholesale client notwithstanding that the trustee does not have to meet the 10 million net asset threshold even though the financial service ...

Queensland Government's state land reform proposals
Insight 25 Jul 2014

The Queensland Government plans a major reform of the state land system to streamline processes reduce regulation and improve service delivery Partner John Beckinsale reports on the possible reforms which are outlined in a recently released discussion paper ...

Anti-corruption reforms: a view from the B20 Australia
Insight 25 Jul 2014

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 ...

Running out of time for retirement income reform
Insight 22 Jul 2014

The Government has released a consultation paper on the regulation of retirement income streams It says that the Government wants to encourage the development of more retirement products But this is old news and the paper offers few concrete policy proposals other than in the area of deferred ...

ASIC report on disclosure of fees and costs
Insight 08 Jul 2014

Today ASIC released a report outlining the shortcomings in the disclosure of fees and costs for superannuation and managed investment products While everyone may not like what it says and for some it may be too little too late the more detailed discussion of what the law requires may be helpful ...

SOPA adjudications in Western Australia - only the applicant can win!
Insight 03 Jul 2014

The Supreme Court of Western Australia has held that under that states security of payment legislation an adjudicator does not have the power to make a determination that requires an applicant to pay the respondent money by reason of any counterclaim raised in the adjudication An adjudicator may ...

Record penalties a reminder of product safety obligations
Insight 03 Jul 2014

Record US penalties recently imposed on car manufacturers for failures to deal appropriately with safety defects are a timely reminder to Australian manufacturers of their product safety obligations Partner Belinda Thompson Senior Associate Jaime McKenzie and Lawyer Ishwar Singh report ...

ASIC's (limited) guidance on superannuation fees and costs disclosure
Insight 01 Jul 2014

Today 1 July sees the implementation of changes to the fee and cost disclosure rules for superannuation and managed investment products While a new information sheet from ASIC provides guidance on certain aspects of the new rules superannuation trustees have been left to grapple largely unaided with ...

'Fraud on the market' theory survives challenge in the US
Insight 26 Jun 2014

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 ...

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