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APRA releases 'constructively tough' Enforcement Approach
Insight 18 Apr 2019

In the wake of the Financial Services Royal Commission Royal Commission and the introduction of the Banking Executive Accountability Regime BEAR APRA has undertaken a review of its enforcement strategy The Enforcement Review Final Report APRA Final Report and an updated Enforcement Approach have now ...

AFCA: The first six months - and the year ahead
Insight 17 Apr 2019

The Australian Financial Complaints Authority AFCA the new one-stop-shop for resolving financial complaints has had a very busy first six months of operation ...

APRA's guidance on the Protecting Your Super changes
Insight 16 May 2019

On 8 May APRA released its answers to some frequently asked questions about the Protecting Your Super changes I would politely suggest that the questions asked and answered by APRA make up a fairly small subset of the questions that are in fact being asked in some cases very frequently about the PYS ...

Singapore Convention on Mediation: a step towards easier enforcement of international settlements
Insight 11 Jul 2019

On 7 August 2019, the United Nations Convention on International Settlement Agreements resulting from Mediation (the Convention) will be open for signature.  It will come into force six months after three countries have signed, with Singapore expected to be the first State to do so. ...

APRA consults on Hayne recommendation concerning end-to-end product responsibility – the right tool for the job?
Insight 18 Jul 2019

APRA has announced a consultation on a proposal to create a new 'end-to-end product' responsibility within the Banking Executive Accountability Regime (BEAR). ...

Federal Court orders disclosure of class action respondent's insurance policies, affirming a recent trend
Insight 12 Aug 2019

In the Radio Rentals Class Action, the Federal Court of Australia has ordered - over the objection of an Insurer - that a respondent disclose its insurance policies to the applicant. ...

Treasurer's 'Roadmap' more a reminder than an explainer
Insight 18 Aug 2019

The Treasurer, the Honourable Josh Frydenberg, released the Government's 'Implementation Roadmap' today to 'provide clarity and certainty' about the Government's ongoing work to implement the recommendations of the Royal Commission ...

ASIC's product intervention power – time to permanently retire a furphy?
Insight 13 Aug 2019

Three consultation papers released by ASIC in recent times are far more interesting for what they reveal about whether the newly-minted product intervention power was really needed in the first place, than they are for what they say about ASIC's intentions in exercising the power. ...

Queensland Supreme Court refuses to order disclosure of class action defendant's insurance policy, providing further guidance on the making of such orders
Insight 16 Oct 2019

The Queensland Supreme Court has refused an application by a class action plaintiff seeking to compel the defendant to disclose its insurance policy and documents relating to its insurance position. In doing so, the court commented on the recent Federal Court decision in the Radio Rentals class action but came to a different result on the facts. This decision shows that when determining whether or not to make an order for disclosure, the court is likely to take into account the defendant's financial capacity, and may be less likely to make such an order where the defendant's solvency is not a concern. ...

Inducements in the corporate superannuation sector – guidance misses the mark
Insight 01 Oct 2019

There are considerable problems with some guidance that was published a few months ago on section 68A ('no treating of employers') of the Superannuation Industry (Supervision) Act 1993. Michael Mathieson and Ally Crowther report. ...

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