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High Court examines powers of responsible entities
Insight 07 Nov 2014

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. ...

Big Data v 'personal advice' - an unequal contest?
Insight 05 Nov 2014

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 ...

What the regulators said at the ASFA Conference
Insight 13 Nov 2014

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 ...

Important clarifications of Australian trade mark registrability
Insight 16 Feb 2015

Two recent trade mark cases have widened the field of marks that are potentially registerable in Australia on the basis that those marks are inherently adapted to distinguish. ...

Competition law update
Insight 12 Feb 2015

In touch Competition law update is a regular publication by the Allens Competition Law group to keep you informed of the latest news and developments in this area ...

A new dawn for crowd sourced equity funding?
Insight 05 Feb 2015

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 ...

When are LDs a penalty?
Insight 08 May 2015

The Supreme Court of Queensland recently considered whether liquidated damages in a standard form construction contract were a penalty In a decision that traversed long-held doctrines on penalties and recent developments in emAndrewsem and Paciocco the court ruled that the obligation to pay ...

Full Federal Court rules against agreed civil penalties
Insight 04 Jun 2015

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 ...

Agency arrangements alright - ANZ and Flight Centre succeed in appeals
Insight 31 Jul 2015

The Full Federal Court today handed down its decisions in two high-profile appeals in relation to ANZ and Flight Centre Both cases dealt with the issue of distribution arrangements and price fixing Partner Carolyn Oddie and Associate Theodore Souris look at the implications for business ...

ASIC clamps down on SMSF advice
Insight 25 Jul 2015

ASIC has outlined its expectations for financial advice where the client is advised to set up a self-managed superannuation fund ASIC has done so in two publications released yesterday - one deals with the risks associated with SMSFs information sheet 205 and the other with the costs information ...

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