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FoFA Amendment Bill introduced into Parliament
Insight 19 Mar 2014

The Federal Government today introduced a Bill into Parliament to implement its proposed amendments to the Future of Financial Advice legislation There are some significant differences between the Bill as introduced and the earlier exposure draft version released in January The proposed reforms are ...

Broader reform themes evident in ASIC's forestry schemes submission
Insight 22 Oct 2014

ASICs Senate submission on forestry schemes has emphasised important regulatory reform themes with implications for managed investment schemes and financial services regulation more generally Partner Marc Kemp Consultant Derek Heath and Lawyer Patrick Boyle report ...

Directors' duties and the interests of 'APRA beneficiaries'
Insight 02 Sep 2014

The interim report of the Financial System Inquiry FSI asks whether directors in different parts of the financial system should have different duties ...

ASIC's enforcement decisions - is litigation the most effective deterrent?
Insight 02 Sep 2014

We have previously reported on ASICs submission to the Financial System Inquiry FSI and in particular its assertion that it needs a broader range of more onerous financial penalties in order to punish and deter corporate wrongdoing ASIC made similar submissions to the recent inquiry by the Senate ...

Social benefit bonds - their role in the funding challenge for social infrastructure and services
Insight 20 Mar 2015

With the recent Intergenerational Report having further highlighted the need to deliver social outcomes in an efficient way Partners David Donnelly and James Darcy report on the potential role of social benefit bonds in providing social infrastructure and services ...

Significant 'blow' for penalties claims
Insight 08 Apr 2015

Today the Full Federal Court clarified the law of penalties as it applies to fees The key development is that in considering whether the amount of a fee is extravagant and exorbitant compared to the potential costs incurred in dealing with a failure to perform an obligation the court held that ...

Sanctions: The 5 questions your board and executives should be asking in 2017
Insight 16 Mar 2017

Australian boards and senior executives are expected to maintain oversight of risk and compliance issues including bribery, sanctions, human rights and anti-money laundering. ...

Road map to anti-money laundering and counter-terrorism financing reform
Insight 04 Nov 2016

The Federal Attorney-Generals Department has released its draft Project Plan for the implementation of the wide-ranging recommendations arising from the recent statutory review of Australias anti-money laundering and counter-terrorism financing regime Partner Peter Haig Associate Andrew Shetliffe ...

Financial advice and fees - ASIC reports
Insight 27 Oct 2016

ASIC released its report Financial advice Fees for no service today It says that there has been a systemic failure by advice licensees within some of the major banks and AMP to provide ongoing advice in return for ongoing fees The report relates chiefly to arrangements between licensees and clients ...

Life insurance, conflicted remuneration and commissions
Insight 03 Nov 2016

The Bill to amend the conflicted remuneration provisions in the Corporations Act for life insurance has been introduced into Parliament a second time and draft regulations have been released for comment However we struggle to know how to describe them because the changes seem to have conflicting ...

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