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The High Court has its say on penalties
Insight 09 Aug 2016

The high court handed down its decision in Paciocco v Australia and New Zealand banking group limited. ...

Recent decision on FoFA advice provisions - ASIC v NSG
Insight 05 May 2017

The recent case of ASIC v NSG Services Pty Ltd considers the FoFA best interests and appropriate advice provisions, as well as obligations of licensees. While the facts of the case provide an extreme example of how advisers and licensees can fail to comply with these duties, it also provides some us ...

Grizzly times ahead for banks
Insight 14 Jul 2017

A consultation paper on the BEAR has been released confirming the Federal Governments intention to impose an executive accountability regime on banks and their subsidiaries that follows important elements of current international accountability regimes You have three weeks to provide your comments ...

Consumer protection in the banking, insurance and financial sector
Insight 10 Mar 2017

The Senate Economics References Committee is conducting an inquiry into the regulatory framework for the protection of consumers in the banking insurance and financial services sector ...

CIPRs - some interesting findings
Insight 05 May 2017

We recently hosted some workshops in Sydney and Melbourne to discuss the proposed CIPR framework The outcomes of those workshops were interesting - in some respects surprising - and this article provides a brief report ...

Proposed reforms to staged development applications in NSW
Insight 05 Jul 2017

An amendments to the planning legislation has been proposed by the NSW government to provide certainty of outcome for the public Partner 'Paul Lalich senior associate Dennis Smith and Law Graduate James Higgins report. ...

Certainty to return to Aboriginal cultural heritage in Queensland
Insight 03 Sep 2018

Project proponents and operators in Queensland can breathe a sigh of relief following the introduction of a Bill to restore certainty and validity to agreements for the management of Aboriginal cultural heritage in that state. ...

Post-election policy recap
Insight 09 Aug 2016

As the dust settles following the recent federal election it is a good time to reflect on what we can expect from the re-elected Coalition Government for the financial services sector There are two main groups of policy proposals that are going to need to get through Parliament The first is the ...

Dodd Frank - promoting financial stability and other purposes
Insight 07 Mar 2016

The Dodd Frank Act is a bit like the US financial system it is trying to regulate - vast complex and hard to wade through It creates a bunch of new regulators on top of what was already a pretty solid cast and gives them wide-ranging powers They can not only set capital and liquidity requirements ...

Utmost good faith, life insurance and ASIC
Insight 05 Apr 2016

The judgment of Lord Mansfield in Carter v Boehm in 1766 is frequently cited as establishing the principle that parties to an insurance contract owe each other duties of utmost good faith. ...

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