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The Federal Court on information to third parties, legal professional privilege and waiver
Insight 21 May 2014

A recent Federal Court decision highlights the importance of managing the provision of information and documentation to third parties with caution in order to preserve legal professional privilege Partner Richard Harris and Senior Associate Elnaz Nikibin report on the case ...

Media control and ownership: (re)starting the discussion
Insight 13 Jun 2014

A policy background paper on media control and ownership released by the federal Department of Communications aims to restart the discussion on media law reform The paper does not draw conclusions or make recommendations but adopts a deregulatory tone Partner Ian McGill Senior Associate Matt Vitins ...

Senate report card on ASIC
Insight 30 Jun 2014

While the media has focused on the more sensational recommendations of last weeks Senate report on the Australian Securities and Investments Commission there are a number of other interesting comments and themes that provide some clues about future regulation by the Federal Government surveillance ...

Development of the corporate bond market
Insight 08 Jul 2014

It has been recognised for some time that the domestic corporate bond market constitutes a weak spot in the otherwise robust and deep Australian capital markets The less developed domestic bond market is a distinguishing feature among the leading financial systems and capital markets This was no ...

The interim report of the Financial System Inquiry
Insight 15 Jul 2014

The Financial System Inquiry Interim Report was issued today There are few surprises in the options and comments although there are some significant omissions There does not appear to be any push for a significant shift in policy or in the regulation of the financial system There will be adjustments ...

Can product suitability rules succeed where disclosure has failed?
Insight 08 Aug 2014

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 ...

The 'Internet of Things' meets financial advice
Insight 05 Nov 2014

With financial services providers already taking advantage of the possibilities created by a new tide of internet meta data we need regulators and a regulatory regime that see the opportunities implicit in the change and not only the risks ...

The best interests duties - process or outcome?
Insight 05 Feb 2015

Superannuation fund trustees and their lawyers including this one have been grappling for years with what the covenant in section 522c of the Superannuation Industry Supervision Act 1993 means What must a trustee do to exercise its powers and discharge its duties in the best interests of ...

Data deal - mandatory data breach notification laws to be introduced as trade-off for controversial metadata retention regime
Insight 05 Mar 2015

The Federal Government in a surprising and highly significant move for companies in Australia has committed to enacting a mandatory data breach notification scheme before the end of 2015 which will apply to all Australian companies currently subject to the Privacy Act The proposal is not limited to ...

First enforceable undertaking under new privacy laws
Insight 31 Mar 2015

Optus has become the first organisation to enter into an enforceable undertaking with the Privacy Commissioner since reforms to the Privacy Act took effect in March 2014 Partner Michael Pattison and Associate Byron Frost examine the circumstances surrounding Optuss voluntary data breach ...

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