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Employment & Safety
In this issue we look at how post-employment restraints can be unenforceable if a company does not comply with the employment contract itself a decision of the Federal Court that confirms an employee who is on long-term sick leave must continue to have regular contact with their employer and a ...
Reporting significant breaches - or something that may (or may not) be a breach?
The Taskforce established by Treasury to consider ASICs enforcement powers released its first consultation paper a few weeks ago on breach reporting We examine the most significant of the Taskforces 12 preliminary positions ...
Lessons from Singapore's new collective investment vehicle
This Insight examines the lessons from Singapore's new collective investment vehicle ...
ASIC's report on financial advice
ASIC has recently released a report about its work with the big four banks and AMP on adviser misconduct The report is essentially an update on the progress of ASICs Wealth Management Project and mostly contains information we already know The most interesting part deals with the results of ASICs ...
Approved product lists and FoFA adviser duties
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. ...
Banks set to grin and BEAR new measures to improve individual accountability
As part of its ongoing efforts to improve the domestic banking sectors accountability the Federal Government recently announced a series of measures to join the ongoing global push seeking to improve measures for individual accountability for misconduct The proposed Banking Executives Accountability ...
High Court confirms liquidator has first pick of the fruits of litigation
The High Court recently considered the competing entitlements of a liquidator and a secured creditor to the proceeds of a claim brought by the liquidator which was against the secured creditors interests Partner Chris Prestwich and Law Graduate Kaelah Ford report on the High Courts decision that the ...
ASIC proposes changes to fees and costs disclosure
ASIC has released for industry comment a draft Class Order which would amend the fees and costs disclosure requirements that apply to superannuation and managed investment products The key proposed amendments relate to the way in which indirect costs must be disclosed Senior Associate Simun Soljo ...
ASIC releases paper on collective action by institutional investors
ASIC has released its consultation paper on collective shareholder actions which calls for feedback on a draft update to Regulatory Guide 128 The consultation paper illustrates ASICs current albeit preliminary views on the tension between fostering increased investor engagement on the one hand and ...
ASIC on confidential information and briefings
ASIC recently issued a report on the handling of confidential information by listed entities and their advisers focusing on analyst and investor briefings and unannounced corporate transactions While the report does not identify any systemic issues it does highlight a number of areas of concern ...


