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Product design and distribution rules
Insight 13 Dec 2016

On 13 December 2016 Treasury released a paper seeking feedback on the proposed financial product design and distribution obligations and proposed product intervention powers for ASIC The proposals are intended to create new accountability obligations for product issuers and distributors On one view ...

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 ...

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 ...

Passporting relief threatened in ASIC Class Order repeal
Insight 29 Sep 2016

Foreign financial services providers relying on passporting a foreign licence to provide their services in Australia will find their regulatory relief could be expiring in 2 years - and has become subject to a new condition - following ASICs actions to repeal the ASIC Class Orders which give effect ...

Designing effective remediation programs
Insight 19 Sep 2016

ASIC issued Regulatory Guide 256 Client review and remediation conducted by advice licensees late last week In short RG 256 says an Australian financial services licensees duty to provide financial services efficiently honestly and fairly means they have to take responsibility for the consequences ...

Protecting accrued superannuation benefits from adverse changes
Insight 06 Sep 2016

For a long time now superannuation lawyers have tried to work out the meaning of the following words a beneficiarys right or claim to accrued benefits and the amount of those accrued benefits must not be altered adversely to the beneficiary by amendment of the governing rules or by any other act ...

Post-election policy recap
Insight 09 Aug 2016

As the dust settles following the recent federal election it is a good time to reflect on what we can expect from the re-elected Coalition Government for the financial services sector There are two main groups of policy proposals that are going to need to get through Parliament The first is the ...

The High Court has its say on penalties
Insight 09 Aug 2016

The high court handed down its decision in Paciocco v Australia and New Zealand banking group limited. ...

AMITs are here (at last)
Insight 02 Jun 2016

It has taken a while but out of the dust of an early Federal Budget and double-dissolution election announcement a new tax attribution regime for Attribution Managed Investment Trusts has emerged relatively intact While the AMIT regime should generally be welcomed as a positive thing for MITs in ...

The end of the AML/CTF regime as we know it?
Insight 02 Jun 2016

The past year or so has been an action-packed one for devotees of anti-money laundering policy and the recent release of the Report on the Statutory Review of the AMLCTF Act 2006 may herald the most significant changes to our regime since it was introduced a decade ago ...

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