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ASIC seeking feedback on electronic disclosure proposals
The Australian Securities and Investments Commission is seeking feedback on proposals to help facilitate the increased use of electronic means of providing disclosure for financial products and services The proposals include new class order relief to facilitate the increased use of multimedia ...
The ramifications of a Facebook rant
The Full Court of the Federal Court recently handed down its decisions on an appeal that highlights the dangers of making unsubstantiated social media comments Partner Miriam Stiel and Lawyer Tracy Lu report on a long-running dispute where the court found personal Facebook posts constituted ...
Section 54 of the Insurance Contracts Act: Putting insureds in the driver's seat
A recent High Court decision highlights the substantial scope of s541 of the Insurance Contracts Act 1984 Cth to prevent an insurer from denying cover following an insureds non-compliance with certain terms of an insurance policy. ...
Isolated genetic material confirmed as patentable
In a unanimous decision the Full Federal Court has confirmed that genetic materials in their isolated form remain patentable in Australia The decision related to an appeal from an earlier Federal Court decision in which it was found isolated nucleic acids to be a manner of manufacture as required by ...
Is the pain worth the gain?
ASIC has undertaken a bit of a survey of licensees who provide financial product advice to retail clients to see how they are faring a year into FoFA ...
Can product suitability rules succeed where disclosure has failed?
One of the more interesting possibilities raised in the Interim Report of David Murrays Financial System Inquiry is the introduction of product suitability requirements as a complement to the current disclosure regime The Interim Report presents a case for change but does not set out in detail what ...
New ASIC funding - looking beyond the headlines
Along with the public release of the ASIC Capability Review Report the Government announced a suite of reforms giving ASIC additional but targeted funding and has also sought to remove some of the shackles on hiring it believes may be hindering ASICs ability to recruit top talent At the same time ...
Blockchain and why smart contracts still need smart lawyers
There has been so much talk about blockchain and distributed ledger technology recently especially in financial services that you might be forgiven for thinking it might be more hype than substance But we think it could be very important technology ...
ASIC getting a bigger toolkit sooner than expected
In its response to the capability review into ASIC the Federal Government has made a commitment to accelerate the implementation of a product intervention power for ASIC and the product design and distribution obligations for the financial services industry but it left to one side some other ...
Green Renaissance in Australia
After more than three years of inertia, the Australian renewable energy industry is finally showing signs of a resurgence ...