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FoFA Amendment Bill introduced into Parliament
Insight 19 Mar 2014

The Federal Government today introduced a Bill into Parliament to implement its proposed amendments to the Future of Financial Advice legislation There are some significant differences between the Bill as introduced and the earlier exposure draft version released in January The proposed reforms are ...

China's business regulatory approval reforms - further steps to market liberalisation
Insight 01 Apr 2014

The PRC Government is reforming its corporate regulatory approval processes at an unprecedented rate The changes are aimed at facilitating private sector investment including foreign direct investment in order to move towards a more market-driven economy Over the past four months new regulations ...

The mFund Settlement Service - coming soon
Insight 12 Feb 2014

The ASX has announced that it has now received regulatory clearance for its new mFund Settlement Service previously known as AQUA II and the ASX Managed Funds Service which it hopes will be launched before 30 June 2014 Once established the service will allow investors to transact electronically in ...

New stormwater licencing in the pipeline
Insight 22 Sep 2014

New legislation that seeks to establish a statutory framework for the access to and use of stormwater in Victoria is an attempt to increase the use of stormwater in urban areas and furthers the Victorian Governments policy of limiting the diversion of water from rural areas for urban use The process ...

Directors' duties and the interests of 'APRA beneficiaries'
Insight 02 Sep 2014

The interim report of the Financial System Inquiry FSI asks whether directors in different parts of the financial system should have different duties ...

ASIC's enforcement decisions - is litigation the most effective deterrent?
Insight 02 Sep 2014

We have previously reported on ASICs submission to the Financial System Inquiry FSI and in particular its assertion that it needs a broader range of more onerous financial penalties in order to punish and deter corporate wrongdoing ASIC made similar submissions to the recent inquiry by the Senate ...

Queensland property legislation passed (incl 20% deposit)
Insight 10 Sep 2014

The Land Sales and Other Legislation Amendment Bill 2014, which will streamline the sale of property in Queensland, was passed by the Queensland Parliament yesterday. Partner Alister Fitzgerald provi ...

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 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 ...

Recovery of land tax from commercial tenants in pre-30 June 2009 Queensland leases
Insight 13 Aug 2015

The Supreme Court of Queensland has concluded that landlords of pre-30 June 2009 commercial leases in Queensland are entitled to recover land tax from tenants from 30 June 2010, despite earlier legislation which purported to restrict such recovery. ...

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