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Key trends in the Australian products liability space - 2018
We have seen in recent years an increasing level of activity in the Australian regulatory landscape The current Banking Royal Commission is just one example of many dominating boardrooms and newsfeeds Regulators are taking action more often are seeking higher penalties and are seeking to expand the ...
Competing class actions - a problem in need of a solution
As fertile ground for class actions the Royal Commission has highlighted an ongoing problem with Australia's class action regime - there is no clear consistent means for resolving competing class actions. ...
Treasury proposes tougher penalties for corporate and financial sector misconduct
The Federal Government has released exposure draft legislation for public consultation that if enacted will implement many of the recommendations of the ASIC Enforcement Review Taskforce to strengthen the penalty regime for corporate and financial sector misconduct Partner Simun Soljo and Lawyer ...
Royal Commission: Round 3 - experiences with SME lending
The third round of the Royal Commissions hearings concerned lending practices to small and medium enterprises SMEs The hearings considered a range of case studies ...
Competing class actions - no 'one size fits all' solution
The Full Federal Court has held that when the court is faced with multiple competing class actions in relation to the same issue it can choose one to proceed and stay the others In doing so it said that there is no one size fits all solution to the problem of competing class actions and that ...
New APRA prudential standard raises bar for information security obligations and incident notification requirements
As companies and regulators across the world grapple with ever-increasing cyber security threats, Australia's financial services regulator, APRA, has released the final form of a new prudential standard, which imposes heigtened security obligations for APRA-regulated entities ...
Class action amounts to multiple claims under insurance policy
The decision in a recent Supreme Court of New South Wales case where indemnity was sought for costs incurred defending and settling a class action highlights a potential gap in coverage under civil liability insurance policies Partner Louise Jenkins Senior Associate Julia Clemente and Lawyer Calypso ...
Productivity Commission's proposed alternate default models for superannuation
In the latest and undoubtedly most significant of its reports into the design of default superannuation arrangements in Australia the Productivity Commission yesterday released its Draft Report in relation to Superannuation Alternative Default Models Partner Geoff Sanders of the Allens ...
Life insurance industry gets a remuneration Bill, ASIC report and Code of Practice
This is a significant week for the life insurance industry with the re-introduction by the Federal Government of a Bill to reform commissions payable on life insurance policies the release by ASIC of findings of its review of life insurance claims and the launch yesterday by the Financial Services ...
Disclosing privileged documents to regulators
The case of Cantor v Audi provides insights into what you should consider before providing privileged documents to a regulator. ...