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The ramifications of a Facebook rant
Insight 22 May 2014

The Full Court of the Federal Court recently handed down its decisions on an appeal that highlights the dangers of making unsubstantiated social media comments Partner Miriam Stiel and Lawyer Tracy Lu report on a long-running dispute where the court found personal Facebook posts constituted ...

Increasing ASIC's enforcement powers
Insight 08 Jul 2014

In its submission to the Financial System Inquiry the Australian Securities and Investment Commission has again raised the issue of the penalties that are available to it to punish and deter corporate wrongdoing ASICs submission recommends that a holistic review be conducted into the availability ...

Can product suitability rules succeed where disclosure has failed?
Insight 08 Aug 2014

One of the more interesting possibilities raised in the Interim Report of David Murrays Financial System Inquiry is the introduction of product suitability requirements as a complement to the current disclosure regime The Interim Report presents a case for change but does not set out in detail what ...

ASIC seeking feedback on electronic disclosure proposals
Insight 17 Nov 2014

The Australian Securities and Investments Commission is seeking feedback on proposals to help facilitate the increased use of electronic means of providing disclosure for financial products and services The proposals include new class order relief to facilitate the increased use of multimedia ...

A shake-up for the NBN and the wider telecommunications industry
Insight 17 Dec 2014

The Federal Government has announced new regulatory measures that it hopes will create a more competition-friendly telecommunications environment and ensure that the National Broadband Network NBN is rolled out across the nation as quickly as possible Two new Government policy papers released last ...

Peer-to-peer lending - a disruptive threat to banks?
Insight 05 Dec 2014

The expansion of peer to peer lending in Australia will likely be a disruptive force for both banks and broader commercial stakeholders ...

Bank technology failures: A new frontier for regulatory intervention?
Insight 03 Dec 2014

The UKs regulatory authorities have imposed the largest ever fines in Europe for technology failures in the financial services industry following a serious IT incident affecting more than 65 million customers in the UK It should serve as a cautionary tale for Australian financial institutions ...

Opportunities for financial services from the China-Australia FTA
Insight 03 Dec 2014

The Australian and Chinese governments recently announced the conclusion of negotiations on the China Australia Free Trade Agreement According to DFAT Chinas financial services commitments under the agreement represent one of the most substantial market access undertakings China has agreed to with ...

Taxation of certain unit trusts - 'attribution' model to replace 'present entitlement'
Insight 03 Dec 2014

You may be forgiven for having lost track of the proposed reforms to the taxation of managed investment trusts or MITs given that this initiative has been announced by successive Federal governments since 2010 Finally though an exposure draft of new legislation is expected to be released before ...

What do smoked fish have to do with retirement incomes?
Insight 05 Feb 2015

The final report of the Financial System Inquiry recommended that APRA-regulated superannuation trustees be required to offer a comprehensive income product for retirement This rather modest recommendation in the final report stands in stark contrast to the retirement phase policy options canvassed ...

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