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Practical pitfalls and the sacrosanct limitation of liability clause
Insight 07 Oct 2016

Commercial trusts could not operate without limitation of liability clauses however getting a limitation of liability clause just right is very challenging ...

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 ...

The fintech phenomenon - risks and opportunities
Insight 01 Apr 2015

Everyone is talking about fintech What is it And what does it mean for the financial services industry and for regulation ...

The rise of 'robo advice'
Insight 06 May 2015

Robo advice is another one of these phrases that we are suddenly seeing everywhere The idea offers some exciting opportunities for advice providers What are the regulatory issues And how can lawyers help ...

Demystifying bank capital
Insight 05 Mar 2015

Hands up if you tuned in to the Financial System Inquirys discussion of bank capital - but felt you didnt really understand the basics well enough to follow it closely To paraphrase one of our numerous recent prime ministers this article is here to help ...

ASIC Register of Financial Advisers: will it raise quality of advice and standards?
Insight 05 Mar 2015

The Federal Government has announced that ASIC will establish a public register of financial advisers, intended to benefit consumers, who will be able to check that their adviser is appropriately authorised and qualified before receiving personal advice. ...

The beginning of the end of the unit trust's monopoly? CCIV legislation and ASIC guidance
Insight 09 Nov 2017

Avid readers of Unravelled over the past few years cannot have failed to notice that there are moves afoot to introduce two new forms of collective investment vehicle each promising a shiny tax-neutral alternative to the unit trust and hopefully saving Australian lawyers a lot of sleepless nights ...

The Royal Commission heats up
Insight 09 Apr 2018

The Royal Commission into Misconduct in the Banking Superannuation and Financial Services Industry is well underway with its first round of public hearings wrapping up less than a month ago By reference to a number of case studies the first round of hearings focused on consumer lending practices In ...

Review of Card Payments Regulation
Insight 06 May 2015

The level of public interest and popular support for regulation targeting excessive surcharging makes card payment regulation likely to be one of the first areas of reform following the publication of the Final Report of the Financial System Inquiry the FSI Report ...

Protecting the financial system from cross-border contagion
Insight 06 May 2015

In the aftermath of the global financial crisis governments and regulators have been busy identifying ways to better protect the financial system from future shocks Among these are measures for arming financial regulators with a more comprehensive crisis management toolkit Of particular concern are ...

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