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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 ...

Passporting relief threatened in ASIC Class Order repeal
Insight 29 Sep 2016

Foreign financial services providers relying on passporting a foreign licence to provide their services in Australia will find their regulatory relief could be expiring in 2 years - and has become subject to a new condition - following ASICs actions to repeal the ASIC Class Orders which give effect ...

Conflicted remuneration and life insurance
Insight 20 Oct 2016

Exposure draft life insurance regulations were released yesterday They are a marked departure from the existing conflicted remuneration provisions Now a benefit can only be conflicted remuneration if it could reasonably be expected to influence financial product advice These regulations will create ...

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 ...

Practical pitfalls and the sacrosanct limitation of liability clause
Insight 07 Oct 2016

Commercial trusts could not operate without limitation of liability clauses however getting a limitation of liability clause just right is very challenging ...

The Life Insurance Code of Practice - just a code, or something more?
Insight 07 Oct 2016

The new Life Insurance Code of Practice has much to recommend it The paragraphs concerning policy design are a case in point But is the Code indeed just a code or does it purport to go further ...

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 ...

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 ...

Seeking judicial advice on whether to seek judicial advice
Insight 09 Dec 2016

For more than 150 years trustees have been able to obtain advice from courts on matters affecting the management or administration of trust property and on matters respecting the interpretation of trust deeds Trustees would usually only seek such advice however if they had doubts about a proposed ...

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. ...

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