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The China-Australia Free Trade Agreement
Insight 21 Nov 2014

After almost 10 years of negotiations between the nations on 17 November 2014 Prime Minister Abbott and President Xi announced the conclusion of negotiations on the China Australia Free Trade Agreement ChAFTA Once implemented the ChAFTA is expected to significantly reduce import barriers for ...

The best interests duties - process or outcome?
Insight 05 Feb 2015

Superannuation fund trustees and their lawyers including this one have been grappling for years with what the covenant in section 522c of the Superannuation Industry Supervision Act 1993 means What must a trustee do to exercise its powers and discharge its duties in the best interests of ...

FoFA amendments made
Insight 01 Jul 2015

The Federal Government has made the 'time critical' FoFA amendments with new regulations saying that any financial product advice provided to an employer about their default superannuation fund is a financial service provided to a retail client. ...

Broadening approved product lists - would it really achieve anything?
Insight 05 Aug 2015

In his report earlier this year on retail life insurance advice John Trowbridge recommended that every advice licensee include at least half of the 13 relevant life insurers on its approved product list The Assistant Treasurer has since indicated the Government may consider measures to widen APLs by ...

ASIC seeking feedback on electronic disclosure proposals
Insight 17 Nov 2014

The Australian Securities and Investments Commission is seeking feedback on proposals to help facilitate the increased use of electronic means of providing disclosure for financial products and services The proposals include new class order relief to facilitate the increased use of multimedia ...

Proposed disallowance of FoFA 'streamlining' regulation fails
Insight 02 Oct 2014

A motion to disallow the vast majority of the provisions of the Corporations Amendment Streamlining Future of Financial Advice Regulation 2014 has failed Associate Rosie Thomas and Senior Regulatory Counsel Michael Mathieson report ...

The 'Internet of Things' meets financial advice
Insight 05 Nov 2014

With financial services providers already taking advantage of the possibilities created by a new tide of internet meta data we need regulators and a regulatory regime that see the opportunities implicit in the change and not only the risks ...

The fiduciary duty of mortgage brokers?
Insight 05 Nov 2014

There is lots of noise about the duties of financial advisers and lawyers including us love to debate whether FoFA has left any room for fiduciary obligations ...

Should APRA's prudential standard-making powers extend to directors' duties?
Insight 05 Nov 2014

In recent times APRA has been active in prescribing duties for directors of the institutions it regulates In light of what has happened it is worth asking should the question of directors duties be excluded from APRAs prudential standard-making powers ...

Are CCIVS the beginning of the end for the Unit Trust's monopoly?
Insight 19 Sep 2018

The Federal Government has proposed to introduce two new forms of collective investment vehicle – each a shiny, tax-neutral alternative to the unit trust. ...

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