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Would you like best interests with that? Conflicted remuneration, American style
Last month we were fortunate enough to host Barney Frank co-architect of the Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 to discuss financial regulation reform Coincidentally a couple of weeks later we were treated to a presentation on US financial regulation reforms by a US ...
What the regulators said at the ASFA Conference
Earlier today representatives of ASIC and APRA provided some insights into their thinking at a session called Up close and personal with the regulators at the annual conference of the Australian Superannuation Funds Association in Melbourne Senior Regulatory Counsel Michael Mathieson reports ...
High Court examines powers of responsible entities
The High Court has reaffirmed the powers of a responsible entity are ultimately derived from the scheme's constitution, but the exercise of those powers is constrained by the statutory and fiduciary duties imposed on the responsible entity. ...
Proposed disallowance of FoFA 'streamlining' regulation fails
A motion to disallow the vast majority of the provisions of the Corporations Amendment Streamlining Future of Financial Advice Regulation 2014 has failed Associate Rosie Thomas and Senior Regulatory Counsel Michael Mathieson report ...
Why CAMAC's final report might kickstart equity crowdfunding
As you read this the Melbourne-based makers of LazerBlade the affordable laser cutter engraver are probably exchanging high-fives Their Kickstarter project seeking 45000 has raised almost ten times that much Soon the projects backers hope to receive their LazerBlades ndash their pledges were ...
A new dawn for crowd sourced equity funding?
CAMAC and the FSI have acknowledged that the current Australian regulatory settings are hostile to crowd sourced equity funding A recently released Treasury Discussion Paper has considered three options for law reform and what each might mean for the development of this innovative form of capital ...
Seeing red over yellow
The difficulty of registering a colour mark or word mark denoting a colour that include issues of market place recognition was highlighted by a recent set of appeals revolving around the use of the word Yellow in a tussle between various business directory goods and service providers Partner Sarah ...
FoFA Amendment Bill introduced into Parliament
The Federal Government today introduced a Bill into Parliament to implement its proposed amendments to the Future of Financial Advice legislation There are some significant differences between the Bill as introduced and the earlier exposure draft version released in January The proposed reforms are ...
PPSA amendments for 'serial numbered goods'
New legislation will amend the Personal Property Securities Act to remove the provision that deems leases of serial-numbered goods of more than 90 days to be a PPS lease These amendments will primarily benefit businesses in the leasing industry and will have a minimal but positive effect on ...
Further support for arbitration
In a recent decision the Victorian Court of Appeal has held that parties to an arbitration agreement cannot avoid arbitration by seeking to bring the claim in a statutory tribunal Partner Nick Rudge and Lawyer James Waters report on a case that reinforces the trend of Australian courts to give ...