631-640 of 1169 results
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 ...
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 ...
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 ...
Important clarifications of Australian trade mark registrability
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. ...
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 ...
Lend Lease Development - will the High Court be moved on what 'moves' the transfer?
In Lend Lease Development Pty Ltd v Commissioner of State Revenue, the Victorian Court of Appeal decided that certain 'development contributions' made by a purchaser to a vendor did not form part of the consideration that 'moved' the transfer of land to the purchaser. ...
Shareholder activism: Full Court says no to revolution by resolution
At a time of increasing shareholder activism a recent decision of the Full Court of the Federal Court has confirmed that activist shareholders have a very limited part to play in the exercise of a boards power in the management of a company Partners Kim Reid and Julian Donnan and Associate Manu ...
A new enforcement landscape for Australian corporations in 2019 and beyond
The Royal Commission into Misconduct in the Banking Superannuation and Financial Services Industry Interim Report and a raft of announcements at the federal level over the past 12 months point clearly to a more robust enforcement environment for corporate Australia in 2019 and beyond Partner Paul ...