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Nudge, nudge, think, think - ASIC and behavioural economics
Insight 01 Apr 2015

In 2014 ASIC started promoting the use of behavioural economics in its regulatory activities Two reports recently released by ASIC provide clues as to how ASIC may try to counteract behavioural biases in the future ...

Senate releases report on FOFA Bill
Insight 17 Jun 2014

Last night the Senate Economics Legislation Committee released its report on the Corporations Amendment Streamlining of Future of Financial Advice Bill 2014 The Committees recommendations could lead to changes in the treatment of scaled advice and general advice Partner Michelle Levy and Senior ...

Senate report card on ASIC
Insight 30 Jun 2014

While the media has focused on the more sensational recommendations of last weeks Senate report on the Australian Securities and Investments Commission there are a number of other interesting comments and themes that provide some clues about future regulation by the Federal Government surveillance ...

ASIC report on disclosure of fees and costs
Insight 08 Jul 2014

Today ASIC released a report outlining the shortcomings in the disclosure of fees and costs for superannuation and managed investment products While everyone may not like what it says and for some it may be too little too late the more detailed discussion of what the law requires may be helpful ...

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 ...

New energy certificate exemptions for sellers and landlords
Insight 06 Mar 2015

From 1 July 2015 sellers and landlords will be able to enter into sales and leases which are the result of unsolicited offers or which involve only wholly-owned subsidiaries without the need to first provide a building energy efficiency certificate following amendments to federal legislation Partner ...

The fiduciary duty of mortgage brokers?
Insight 05 Nov 2014

There is lots of noise about the duties of financial advisers and lawyers including us love to debate whether FoFA has left any room for fiduciary obligations ...

Should APRA's prudential standard-making powers extend to directors' duties?
Insight 05 Nov 2014

In recent times APRA has been active in prescribing duties for directors of the institutions it regulates In light of what has happened it is worth asking should the question of directors duties be excluded from APRAs prudential standard-making powers ...

Can you make a supply merely by tolerating something?
Insight 08 Dec 2014

In an important ruling the High Court has decided that a purchaser of leased premises will make a supply of the leased premises when after completion the purchaser observes its express obligations under the lease The decision provides much-needed certainty for vendors and purchasers of leased ...

Withholding tax on the sale of Australian property by foreign residents
Insight 19 Nov 2014

Treasury has released a discussion paper on the proposal to introduce a non-final withholding tax on the disposal of taxable Australian property by foreign residents Partner Katrina Parkyn looks at some of the key areas of discussion ...

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