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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 ...

Product safety snapshots – year in review
Insight 05 Sep 2019

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). ...

First shareholder class action judgment
Insight 25 Oct 2019

The Federal Court has handed down the first judgment in a shareholder class action. There is plenty in the decision for board members and senior executives to consider in the application of the continuous disclosure laws. ...

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. ...

ACCC cartel action against Cryosite is a strong reminder of rules prohibiting 'gun jumping'
Insight 13 Jul 2018

The Federal Court proceeding instituted by the ACCC against Cryosite Limited involving supposed cartel conduct alleging gun jumping in a merger. ...

Design and distribution of financial products - regulating 'retail product distribution conduct'
Insight 30 Jul 2018

The revised exposure draft Bill concerning design and distribution obligations for issuers and distributors of financial products and new intervention powers for ASIC includes some modest yet mostly welcome changes to the December 2017 exposure draft Senior Regulatory Counsel Michael Mathieson ...

Australian Human Rights Commission to conduct inquiry into workplace sexual harassment
Insight 31 Jul 2018

Australia's Sex Discrimination Commissioner, Kate Jenkins, announced on 20 June 2018 that the Australian Human Rights Commission would conduct the world's first national inquiry into sexual harassment in Australian workplaces. ...

Do you need a labour hire licence?
Insight 31 Jul 2018

New labour hire licencing schemes have commenced in South Australia and Queensland, and will soon commence in Victoria. The schemes aim to protect labour hire workers from exploitation and to promote the integrity of the labour hire industry. ...

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