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Parliamentary Committee reports on the life insurance industry
Insight 28 Mar 2018

The Parliamentary Joint Committee on Corporations and Financial Services has published its report on the life insurance industry The report includes a nice summary of previous inquiries reviews reforms and events since 2013 The Committee appears to think that all of these previous efforts have been ...

Personal advice and the best interests duty
Insight 21 Mar 2018

There has been a great deal of attention given to the meanings of financial product advice and personal advice in the Corporations Act and many of us are eagerly waiting to see what Justice Gleeson will say about the topic in the case ASIC has brought against the BT trustees. ...

Productivity Commission releases draft report on competition in the financial system
Insight 20 Feb 2018

The Productivity Commissions draft report on competition in the financial system released earlier in February makes 25 draft recommendations a key focus of which are reforms to the regulatory system ...

The Australian Cyber Security Centre's 2017 Threat Report
Insight 22 Jan 2018

The Australian Cyber Security Centre's 2017 Threat Report addresses the current challenges and emerging trends confronting Australia's digital landscape. ...

Financial products - design and distribution obligations and product intervention powers
Insight 22 Dec 2017

After a considerable gestation period the proposed new design and distribution obligations for financial products, and intervention powers for ASIC, took their first, tentative steps yesterday, with the release of exposure draft legislation. ...

A Commission of Inquiry - of the Royal, not the Parliamentary, kind
Insight 19 Dec 2017

Since the announcement of the Royal Commission into ahem financial services much has been written and said - a lot of which suggests that little attention is being paid to the terms of reference In this article I take a look at those terms ...

Updated guidance on conflicted remuneration and other banned benefits
Insight 07 Dec 2017

Earlier today ASIC released an updated version of Regulatory Guide 246 concerning conflicted remuneration and other banned benefits such as volume-based shelf-space fees The changes are largely to address the life insurance remuneration reforms which take effect on 1 January 2018 But there are other ...

The BEAR has dropped, where to from here?
Insight 09 Nov 2017

The commencement date of the BEAR legislation is fast approaching and institutions should start planning how to comply with the regime We look at the changes made to the BEAR legislation following industry submissions the timing for implementation and key steps to take ...

First civil penalty order for breach of FOFA duties
Insight 06 Nov 2017

The Federal Court recently imposed a 1 million civil penalty on a licensee for breaches by its representatives of the best interests and appropriate advice duties The penalties were the same amount that was agreed between ASIC and the licensee The decision is a reminder to financial services ...

ASIC recommends tougher corporate penalties
Insight 24 Oct 2017

The ASIC Enforcement Taskforces latest consultation paper pushes for a tougher penalty regime for corporate and financial sector misconduct which has been key focus of the Taskforces Terms of Reference and indeed of ASICs reform agenda for some time Partner Belinda Thompson Senior Associate Michela ...

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