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ASIC Corporate Governance Taskforce Report
ASIC has released its first report focusing on director and officer oversight of non-financial risk in seven large financial services companies (the First Report). While the report focuses on financial services companies, ASIC points out expressly that all companies, regardless of sector, should read and engage with the findings of this report. ...
All that glistens isn't Goldsky – key learnings from the ASIC v Goldsky decision
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 ...
Trustees, start your reviewing! Super funds and the 'Member Outcomes Act': what needs doing, and when
This Insight considers the new obligations imposed on super funds in light of the The Treasury Laws Amendment (Improving Accountability and Member Outcomes in Superannuation Measures No. 1) Bill 2019. ...
Productivity Commission's report on superannuation - an odd mix of recommendations
The Productivity Commission's report on superannuation has provided an odd mix of reccomendations ranging from uncontroversial to outright bizarre, Senior Regulatory Counsel Michael Mathieson writes. ...
Expert review into fees and costs disclosure - further changes ahead
Many of you will be familiar with the long and tortured history of fees and costs disclosure regulation in Australia. The most recent set of issues can be traced back to 2014 when ASIC tried to address what it considered to be gaps in and inconsistent application of the former regime ...
Market-led proposals - still a unique opportunity
Australia has seen a significant increase in market-led proposals for infrastructure projects This is having an important effect on how government interacts with the private sector with all states and territories having released detailed guidance intended to boost these submissions even more Partner ...
Efficiently, honestly and fairly - overarching and fundamental obligations?
In his recent Interim Report into Misconduct in the Banking Superannuation and Financial Services Industry Commissioner Hayne makes a lot of the duties of an Australian financial services licensee and an Australian credit licensee to provide financial services or credit activities as the case may be ...
Royal Commission: Round 1 - experiences with consumer lending practices
In examining the topic of consumer lending the Commission considered issues arising from the sale of credit products ndash including residential mortgages car finance and credit cards - by reference to case studies involving the four major banks as well as Aussie Home Loans and Citi ...
Royal Commission: Round 2 - experiences with financial advice
Although the Commissioner says that the Royal Commission is part of the executive and not the judiciary and that he is therefore not able to make any findings of law he comes pretty close in his views in response to Round 2 And in some important respects those views do not correspond with ...
Slater & Gordon begins its superannuation class actions
As predicted in an Insight in 2018, the Financial Services Royal Commission has proved to be a hotbed for class actions. ...