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The future for foreign financial services providers in Australia – the latest from ASIC
Insight 04 Jul 2019

After much anticipation, ASIC has provided an update on its proposed changes to the licensing relief currently available to foreign financial service providers operating in Australia. ...

Trustee insolvency - the High Court has cleared up the confusion, or at least some of it - where are we now?
Insight 19 Jul 2019

A recent High Court case has brought very welcome clarity to questions that have long bedevilled the insolvency of corporate trustees. We explain the decision and its ramifications. ...

Does that raise a question of the criminal law?
Insight 15 Aug 2019

During Royal Commission hearings last year, Commissioner Hayne ominously asked one witness: Does that raise a question of the criminal law? This Insight considers the implications of this question for financial service providers. ...

Superannuation trustees get prepared, as first reporting date to disclose portfolio holdings approaches
Insight 08 Aug 2019

After many years of deferrals, the first reporting date for superannuation funds to disclose their portfolio holdings is fast approaching, with trustees being required to disclose item-by-item investment holdings by late March 2020 ...

If in doubt, get the whitewash out
Insight 11 Oct 2019

The High Court's first decision on the financial assistance prohibition in section 260A of the Corporations Act supports a conservative approach to the prohibition, and in particular highlights the danger of 'taking a view' on the no material prejudice exception. ...

Report: Australian Infrastructure Investment Report 2019
Insight 14 Nov 2019

Investor appetite for Australian infrastructure remains strong. However, to maintain our status as a leading infrastructure investment destination, we must address systemic issues that are adversely impacting the market, including cost overruns on major projects.  ...

Penalties: The final word
Insight 27 Jul 2016

The High Court decision in Paciocco v Australia and New Zealand Banking Group Limited, provides welcome clarity on the application of the 'penalties rule' implicating a broad range of sectors. ...

Successor Fund Transfers - all aboard!
Insight 25 Nov 2016

APRA yesterday released a draft guide on transferring a member's benefit from one superannuation fund to another without their consent. The interpretation adopted provides minimal protection to superannuation fund members. ...

The ASIC Enforcement Review Taskforce unloaded
Insight 03 Nov 2016

The ASIC Enforcement Review Taskforce members and terms of reference have been announced The terms of reference are very broad and come as no surprise with an emphasis on evaluating the adequacy of ASICs enforcement toolkit We analyse the key themes that are likely to emerge ...

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