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Mandatory margining
Insight 07 Feb 2017

Late last year APRA released the implementation schedule for its long-awaited Prudential Standard CPS 226 Margining and risk mitigation for non-centrally cleared derivatives ...

Compliance with multi-tiered dispute resolution clauses
Insight 28 Jul 2016

The Queensland Supreme Court has stayed proceedings on the basis that the parties did not follow the agreed contractual provisions for the proper escalation of a dispute Partner Leighton OBrien Senior Associate Julian Berenholtz and Law Graduate Flora Ma report on the decision that emphasises the ...

Are super funds and managed investment schemes the next frontier for shareholders with activist agendas?
Insight 07 Oct 2016

A recent Federal Court appellate decision highlights the fundamental tension in the Corporations Act between shareholders power to propose resolutions at members meetings and the proposition that a company is to be managed by its Board of directors ...

Changes to the policy framework for Voluntary Planning Agreements in NSW
Insight 10 Nov 2016

The New South Wales Government has released a draft suite of documents aimed at improving the policy framework for Voluntary Planning Agreements These include a draft Ministerial direction for planning authorities a draft revised practice note and a draft planning circular The new policy is an ...

Default superannuation under the microscope
Insight 07 Oct 2016

You may be forgiven for thinking the Productivity Commission is fixated on superannuation at the moment Its latest review centres on developing alternate models of allocating default members to products ...

Risk culture - 'an evolving area of supervisory practice'
Insight 03 Nov 2016

A director of a bank life company or general insurer who read APRAs recent information paper on risk culture could be excused for indulging in a wry smile Since mid-2015 he or she has been subject to legislative obligations concerning risk culture However the information paper suggests that APRA is ...

Designing effective remediation programs
Insight 19 Sep 2016

ASIC issued Regulatory Guide 256 Client review and remediation conducted by advice licensees late last week In short RG 256 says an Australian financial services licensees duty to provide financial services efficiently honestly and fairly means they have to take responsibility for the consequences ...

Mandatory margining: APRA final rules released
Insight 20 Oct 2016

APRA has released its long-awaited Prudential Standard CPS 226 Margining and risk mitigation for non-centrally cleared derivatives While these rules are based on the Draft released in February of this year and address some of the concerns raised during the consultation process there are still a ...

Brexit and financial services regulation
Insight 06 Jul 2016

The idea that the UK could on leaving the EU simply walk away from a significant amount of EU financial services regulation seems fantastical It is likely that the UK will instead have to adopt on exit vast amounts of EU financial services regulation However the UK will have no say on the future ...

Local issuers, international format
Insight 31 Aug 2016

At the same time as more international issuers appear to be looking at international programme formats for their Australian dollar issuance so Australian borrowers are contemplating the use of EMTN programmes even for their domestic currency issuance ...

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