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Full Federal Court rules against agreed civil penalties
Ecstasy cocaine and industrial action at a construction site are unlikely subjects for an article on financial services regulation They are however the things that have led to what could be a significant change to the way in which financial services regulators like ASIC and APRA can resolve civil ...
The beginning of the end of the unit trust's monopoly?
It is surprising the Federal Government did not make more of its release on 4 June of the Board of Taxations report on tax arrangements applying to collective investment vehicles We can only assume that the government was slightly embarrassed that the report handed to the previous government in 2011 ...
Draft rules published for mandatory central clearing of derivatives and single-sided reporting
ASIC has published draft rules for mandatory central clearing of certain derivatives while Treasury has published draft regulations that would permit single-sided reporting of Over-the-Counter Derivatives in some situations Partner Tom Highnam and Lawyer David Lewis discuss the implications of these ...
Unwrapping recent developments in the food sector
Associates Tiernan Christensen and Nick Li report on some noteworthy developments relevant to the food industry in Australia. ...
Digital Platforms Inquiry Final Report released; Takeovers Panel considers board discretions and process deed disclosure requirements; and other corporate law developments
Digital Platforms Inquiry Final Report released, Takeovers Panel considers board discretions and process deed disclosure requirements and other corporate law developments ...
Does that raise a question of the criminal law?
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
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 ...
Product safety snapshots – year in review
The last 18 months were a busy time for product safety. Consumers found redress via the courts (in the form of class actions) and the regulator (in the form of product recalls). ...
If in doubt, get the whitewash out
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. ...
ALRC's class action report - a 'canary in the coal-mine'?
The Australian Law Reform Commission has released its much-anticipated final report on class actions and litigation funding which makes a broad range of recommendations intended to bring the modern class action landscape back into line with the regimes original objectives Partners Jenny Campbell and ...