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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 ...
Big Data v 'personal advice' - an unequal contest?
There is a contest underway between two heavyweights In one corner of the ring we have Big Data In the other corner we have the definition of personal advice in section 766B3 of the Corporations Act ...
Competition news
In Touch looks at what's been happening in Competition this month and what it means for your business ...
Excessive payment surcharging reforms
As of 1 September 2017 merchants will be prohibited from charging excessive payment surcharges for certain payment methods Under the new rules businesses can only pass on to customers what it costs them to process a payment The Allens Competition team have put together a brief overview of the ...
ACCC 2019 Enforcement Priorities
A number of industries and issues are in the spotlight following release of the ACCCs 2019 Enforcement and Compliance Priorities by Chairman Rod Sims on 26 February ...
Can super really help housing affordability (and I have not asked should it)?
The 2017 Budget included proposals intended to reduce pressure on housing affordability Two of them use the superannuation system to do so the First Home Super Saver Scheme and the Reducing Barriers to Downsizing proposal Partner Michelle Levy examines the schemes in more detail ...
The future for foreign financial services providers in Australia – the latest from ASIC
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. ...
DDO and PYS - two cases of madness
Lawyers working in the field of financial regulation have become inured to said regulation producing weird, unintended outcomes. Even so, there are two outcomes produced by recently enacted laws that are unequivocally crazy. ...
Personal advice and the best interests duty
There has been a great deal of attention given to the meanings of financial product advice and personal advice in the Corporations Act and many of us are eagerly waiting to see what Justice Gleeson will say about the topic in the case ASIC has brought against the BT trustees. ...
The UK's focus on personal accountability for bank employees: a sign of things to come?
Last month we discussed the carrot in the UK Parliamentary Commission on Banking Standards - how the regulators are making sure remuneration for bank staff encourages prudent risk behaviour This month we are looking at the stick - how the UK is strengthening regulators enforcement armoury to enable ...