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Conflicted remuneration and life insurance
Insight 20 Oct 2016

Exposure draft life insurance regulations were released yesterday They are a marked departure from the existing conflicted remuneration provisions Now a benefit can only be conflicted remuneration if it could reasonably be expected to influence financial product advice These regulations will create ...

Life insurance, conflicted remuneration and commissions
Insight 03 Nov 2016

The Bill to amend the conflicted remuneration provisions in the Corporations Act for life insurance has been introduced into Parliament a second time and draft regulations have been released for comment However we struggle to know how to describe them because the changes seem to have conflicting ...

Predictive coding endorsed again by English High Court
Insight 29 Jun 2016

In its second decision on predictive coding this year the English High Court has again accepted the use of this innovative technology in discovery this time in a contested application Partner Duncan Travis Managing Associate Kate Austin and Law Graduate Yi-Ling Ng examine the case and its ...

Welcome changes to the derivative charging rules for superannuation trustees
Insight 06 Jul 2016

The Government has recently made changes to superannuation law that helps clear the way for trustees of regulated superannuation funds to charge fund assets in order to enter into a broad range of exchange-traded and Over-The-Counter derivative transactions The changes are intended to make it easier ...

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 ...

A class divide? The Boart Longyear creditors' scheme
Insight 29 May 2017

The NSW Court of Appeal has considered whether different groups of secured creditors should be placed into separate classes for the purposes of voting on a proposed creditors scheme of arrangement ...

Clearing the way for social impact investing
Insight 10 Mar 2017

The Commonwealth Treasury is seeking feedback on how to kickstart social impact investment in Australia ...

Recent decision on FoFA advice provisions - ASIC v NSG
Insight 05 May 2017

The recent case of ASIC v NSG Services Pty Ltd considers the FoFA best interests and appropriate advice provisions, as well as obligations of licensees. While the facts of the case provide an extreme example of how advisers and licensees can fail to comply with these duties, it also provides some us ...

Adviser misconduct and client losses - ASIC's views
Insight 18 Dec 2015

ASIC has released a consultation paper about client review and remediation programs to address client losses because of adviser misconduct Partners Michelle Levy and Malcolm Stephens look at what ASIC says a licensee should do if they identify systemic misconduct by advisers providing personal ...

Providing digital financial product advice to retail clients
Insight 05 Apr 2016

ASIC is consulting on a new regulatory guide for providers of digital financial product advice or robo-advice The regulatory guide is intended to help new entrants and existing Australian financial services licence holders For new entrants and licensees needing a reminder there is a nice summary of ...

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