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Opportunities for financial services from the China-Australia FTA
Insight 03 Dec 2014

The Australian and Chinese governments recently announced the conclusion of negotiations on the China Australia Free Trade Agreement According to DFAT Chinas financial services commitments under the agreement represent one of the most substantial market access undertakings China has agreed to with ...

Bigger sticks, smaller budget: ASIC's enforcement in 2015
Insight 25 Feb 2015

In 2014 the Australian Securities and Investments Commission ASIC was chastened by the Senate Economics References Committee which wants ASIC to be more effective but encouraged by the Financial System Inquiry which wants ASIC to take on greater powers Meanwhile the Federal Government has reduced ...

High Court 'moves' unanimously in defining the scope of consideration for tax purposes
Insight 22 Dec 2014

Those involved in property development arrangements or business acquisitions should be aware of the tax implications of the recent High Court decision in Lend Lease Development that has broadened the scope of what forms the consideration for the transfer of dutiable property The High Court found ...

Draft whistleblower legislation puts onus on big business
Insight 25 Oct 2017

Big business should be aware of mandatory publishing requirements for whistleblower policies and a reverse onus of proof for compensation which is among a raft of whistleblower reforms contained in draft legislation released following a Senate inquiry report Partner Rachel Nicolson and Associate ...

Blockchain reaction update - ASIC joins chorus on ICO regulation
Insight 03 Oct 2017

While ASIC has published information on the issue of coins or tokens in initial coin offerings other regulators around the world have also been issuing guidance with some taking a much more restrictive approach Although Australia remains a relatively friendly regulatory environment for such ...

Court enforces four-year restraint
Insight 01 Nov 2017

A court has enforced a four-year restraint of trade clause in a business sale contract, preventing a part-time employee from taking up employment with a competitor after selling his stake in the business. ...

Vulnerable Workers Bill passes into law
Insight 08 Sep 2017

Franchisors and holding companies should be aware that they can be held liable for breaches of employment law by their franchisees and subsidiaries when the Vulnerable Workers Bill, which has passed both Houses of Parliament, receives royal assent. ...

Extraordinary new power proposed for APRA
Insight 12 Sep 2017

The proposed draft of the Financial Sector Legislation Amendment (Crisis Resolution Powers and Other Measures) Bill 2017, will be giving new powers to the APRA in relation to the authorised non-operating holding company and other related bodies corporate of APRA-regulated entities ...

Spring overhaul of Australia's market licensing regime
Insight 04 Oct 2017

Australias market licensing regime has long been crying out for an overhaul with regulatory guidance that largely dates back to the early 2000s struggling in the face of significant developments in financial markets since then Fortunately ASIC has taken heed and is due to release an updated market ...

Approved product lists and FoFA adviser duties
Insight 07 Aug 2017

The FoFA duties that apply to personal advice given to retail clients have been operating for over four years now. ASIC has enjoyed some recent success in the courts in cases brought on the basis of those duties. ...

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