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Full Federal Court speaks on competing class actions
Insight 30 Aug 2018

In the latest instalment in the attempts to deal with competing shareholder class actions the Full Federal Court has ordered the transfer of four shareholder class actions against AMP to the Supreme Court of New South Wales where a fifth class action is already pending In doing so the court gave the ...

Competing class actions - a problem in need of a solution
Insight 20 Aug 2018

As fertile ground for class actions the Royal Commission has highlighted an ongoing problem with Australia's class action regime - there is no clear consistent means for resolving competing class actions. ...

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 ...

Treasury proposes tougher penalties for corporate and financial sector misconduct
Insight 26 Sep 2018

The Federal Government has released exposure draft legislation for public consultation that if enacted will implement many of the recommendations of the ASIC Enforcement Review Taskforce to strengthen the penalty regime for corporate and financial sector misconduct Partner Simun Soljo and Lawyer ...

Close and continuous monitoring - the new ASIC approach of embedding its officers in banks
Insight 19 Sep 2018

ASIC has recently announced a new supervisory approach that involves embedding ASIC officers in the four major banks and AMP ...

Third tranche of draft CCIV legislation released
Insight 18 Oct 2018

Draft legislation intended to address some of the continuing gaps in the proposed corporate collective investment vehicle framework has been released with submissions on it closing soon Partner Marc Kemp and Associate Mai Go report ...

Royal Commission: Round 3 - experiences with SME lending
Insight 02 Oct 2018

The third round of the Royal Commissions hearings concerned lending practices to small and medium enterprises SMEs The hearings considered a range of case studies ...

New APRA prudential standard raises bar for information security obligations and incident notification requirements
Insight 15 Nov 2018

As companies and regulators across the world grapple with ever-increasing cyber security threats, Australia's financial services regulator, APRA, has released the final form of a new prudential standard, which imposes heigtened security obligations for APRA-regulated entities ...

The ins and out (goings) of responsible lending
Insight 13 Nov 2018

Very broadly speaking current legislation relating to responsible lending says that a person must not recommend or make an unsuitable loan to a consumer - an unsuitable loan being one that either does not meet the consumers requirements and objectives or imposes repayment obligations that they are ...

Private equity under the spotlight - ASIC cracks down on offers of stub-equity in proprietary companies
Insight 20 Dec 2018

ASIC is clamping down on the use of an offer of stub-equity in a proprietary company as an alternative form of consideration in public control transactions. ...

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