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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. ...

Preparing a target market determination for a financial product
Insight 21 Mar 2018

As the design and distribution obligations for issuers and distributors of financial products inch closer there is a good deal of hand-wringing taking place Much of it concerns what a target market determination should look like Guidance from the European Securities and Markets Authority on MiFID II ...

CCIVs: Lost in translation?
Insight 09 Apr 2018

The long-awaited Exposure Draft containing the tax treatment of the proposed new corporate collective investment vehicle has been released for consultation. ...

Draft code of ethics for financial advisers - in need of much more work
Insight 09 Apr 2018

You would be hard pressed to find a bigger load of nonsense than the draft code of ethics for financial advisers issued recently by the Financial Adviser Standards and Ethics Authority ...

Competition news
Insight 30 May 2018

In Touch looks at what's been happening in Competition this month and what it means for your business ...

APRA proposes cross-industry framework for management of information security
Insight 03 May 2018

APRA has released for consultation its first prudential standard of information security Prudential Standard CPS 234 Information Security CPS 234 - a key response to the growing threat of cyber attacks ...

All that glistens isn't Goldsky – key learnings from the ASIC v Goldsky decision
Insight 01 Oct 2019

The recent case of ASIC v Goldsky Global Access Fund raises a number of compelling questions (some of which we explore below), and fund managers would do well not to place too much stock in the judgment in support of arguments that a trustee of a wholesale fund may act as trustee with the benefit of ...

Section 54 of the Insurance Contracts Act: Putting insureds in the driver's seat
Insight 16 Sep 2014

A recent High Court decision highlights the substantial scope of s541 of the Insurance Contracts Act 1984 Cth to prevent an insurer from denying cover following an insureds non-compliance with certain terms of an insurance policy. ...

Term of mutual trust and confidence not implied into Australian employment contracts
Insight 10 Sep 2014

A landmark High Court decision has determined that a term of mutual trust and confidence is not necessary and should not be implied at law into employment contracts in Australia Special Counsel Eleanor Jewell reports ...

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