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An opportunity for greater certainty for class action defendants
Insight 05 Oct 2016

Class action settlement negotiations are often hindered by uncertainty about the number and identity of potential claimants A recent decision of the Supreme Court of NSW has paved the way for defendants to achieve greater certainty in respect of unregistered class members at an earlier stage than ...

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 ...

Court confirms life easier for default interest clauses post-Paciocco
Insight 06 Dec 2016

New South Wales Court of Appeal case Arab Bank Australia v Sayde Developments considered the application of penalties doctrine to default interest rate provisions in load agreements post the high court's libera approach to the doctrine in Paciocco v ANZ. ...

Product design and distribution rules
Insight 13 Dec 2016

On 13 December 2016 Treasury released a paper seeking feedback on the proposed financial product design and distribution obligations and proposed product intervention powers for ASIC The proposals are intended to create new accountability obligations for product issuers and distributors On one view ...

ACCC's Enforcement and Compliance priorities for 2017
Insight 27 Feb 2017

Criminal cartels unfair contract terms consumer guarantees and the health construction and agriculture sectors are some of the ACCCs key enforcement and compliance priorities for 2017 ACCC Chairman Rod Sims released the ACCCs 2017 Compliance and Enforcement Policy on Friday 24 February 2017 ...

ASIC's report on financial advice
Insight 07 Apr 2017

ASIC has recently released a report about its work with the big four banks and AMP on adviser misconduct The report is essentially an update on the progress of ASICs Wealth Management Project and mostly contains information we already know The most interesting part deals with the results of ASICs ...

2017 Budget: increased scrutiny on competition and accountability in the financial system
Insight 10 May 2017

Treasurer Scott Morrison this week announced that he has tasked the Productivity Commission to review the state of competition in Australias financial system The Budget has also included other measures focused on competition in the financial sector including funding to establish a dedicated ACCC ...

Human rights: The questions your board and executives should be asking
Insight 21 Jun 2017

Australian boards and senior executives are expected to maintain oversight of risk and compliance issues such as bribery sanctions human rights and anti-money laundering In-house counsel perform a central role in supporting this oversight and maintaining compliance In the last of a five-part series ...

Land tax recovery - no, yes, no again
Insight 15 Jun 2017

The Queensland Government is proposing legislation that will restore a prohibition on landlords requiring tenants to pay land tax under commercial leases entered into after 1 January 1992 and before 30 June 2009 This essentially negates the effect of a Supreme Court decision that land tax from 30 ...

Banks set to grin and BEAR new measures to improve individual accountability
Insight 07 Jun 2017

As part of its ongoing efforts to improve the domestic banking sectors accountability the Federal Government recently announced a series of measures to join the ongoing global push seeking to improve measures for individual accountability for misconduct The proposed Banking Executives Accountability ...

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