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Financial advice and fees - ASIC reports
Insight 27 Oct 2016

ASIC released its report Financial advice Fees for no service today It says that there has been a systemic failure by advice licensees within some of the major banks and AMP to provide ongoing advice in return for ongoing fees The report relates chiefly to arrangements between licensees and clients ...

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 ...

Default superannuation under the microscope
Insight 07 Oct 2016

You may be forgiven for thinking the Productivity Commission is fixated on superannuation at the moment Its latest review centres on developing alternate models of allocating default members to products ...

The Life Insurance Code of Practice - just a code, or something more?
Insight 07 Oct 2016

The new Life Insurance Code of Practice has much to recommend it The paragraphs concerning policy design are a case in point But is the Code indeed just a code or does it purport to go further ...

Improving the role of the Appointed Actuary
Insight 06 Sep 2016

APRA is seeking to improve the role of the Appointed Actuary in general and life insurance companies and has proposed some reforms in a discussion paper released earlier this year ...

Not better late - the Prime Trust appeal judgment
Insight 06 Sep 2016

The main Prime Trust appeal judgement is relatively well known but a trusts responsible entities and their officers should look at what the appeal court had to say on other related matters ...

Financial Services Class Actions
Insight 06 Sep 2016

Our class actions team recently published our Class Action Risk 2016 report The objective of the report is to look behind the headlines and hype that often surrounds class actions to provide a more holistic and objective assessment of class action risk for our clients This is particularly important ...

Productivity Commission report into superannuation system bodes well for the future
Insight 06 Sep 2016

At first glance the recent Productivity Commission Draft Report on How to Assess the Competitiveness and Efficiency of the Superannuation System August 2016 could be dismissed as nothing more than a procedural step along the road to the ultimate goal as recommended by the FSI of developing an ...

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 ...

Blockchain and why smart contracts still need smart lawyers
Insight 06 Jul 2016

There has been so much talk about blockchain and distributed ledger technology recently especially in financial services that you might be forgiven for thinking it might be more hype than substance But we think it could be very important technology ...

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