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FoFA Amendment Bill introduced into Parliament
Insight 19 Mar 2014

The Federal Government today introduced a Bill into Parliament to implement its proposed amendments to the Future of Financial Advice legislation There are some significant differences between the Bill as introduced and the earlier exposure draft version released in January The proposed reforms are ...

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 ...

Registering Indigenous Land Use Agreements - it's all or nothing
Insight 06 Feb 2017

In McGlade v Native Title Registrar, the Full Federal Court has found that the Native Title Registrar does not have the jurisdiction to register an agreement on the Register of Indigenous Land Use Agreements unless the agreement is signed by all registered native title claimants. ...

Insourcing investment management in super - challenges and opportunities for in-house teams
Insight 09 Dec 2016

With the release of an ASFA Best Practice Paper on insourcing investment management we look at some of the challenges and opportunities for in-house legal teams that come with the seemingly inexorable move in the superannuation industry towards insourcing investment management functions ...

When are LDs a penalty?
Insight 08 May 2015

The Supreme Court of Queensland recently considered whether liquidated damages in a standard form construction contract were a penalty In a decision that traversed long-held doctrines on penalties and recent developments in emAndrewsem and Paciocco the court ruled that the obligation to pay ...

A new enforcement landscape for Australian corporations in 2019 and beyond
Insight 10 Dec 2018

The Royal Commission into Misconduct in the Banking Superannuation and Financial Services Industry Interim Report and a raft of announcements at the federal level over the past 12 months point clearly to a more robust enforcement environment for corporate Australia in 2019 and beyond Partner Paul ...

OAIC concludes investigation of Australian Red Cross data breach
Insight 05 Sep 2017

OAIC concludes investigation of Australian Red Cross data breach where a one-off human error by a third party provider's employee led to a massive data breach that hit the Australian Red Cross Blood Service ...

Financial products - design and distribution obligations and product intervention powers
Insight 22 Dec 2017

After a considerable gestation period the proposed new design and distribution obligations for financial products, and intervention powers for ASIC, took their first, tentative steps yesterday, with the release of exposure draft legislation. ...

ACCC 2019 Enforcement Priorities
Insight 28 Feb 2019

A number of industries and issues are in the spotlight following release of the ACCCs 2019 Enforcement and Compliance Priorities by Chairman Rod Sims on 26 February ...

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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