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Key observations from the Government's review of Australia's corporate insolvency regime
Insight 13 Jul 2023

Key observations from the Government's review of Australia's corporate insolvency regime. ...

Payments regulation reform: the Government consults on broad changes to payments system regulation
Insight 13 Jul 2023

The Australian Treasury's recent publication of three significant, and long awaited, payment regulation documents means providers of payments and related services should consider the potential impact of the proposed changes on their business and licensing obligations. ...

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 ...

Conflicts of interest and the duty to manage them
Insight 09 Aug 2016

The Corporations Act 2001 Cth was amended in 2004 to include an additional obligation for Australian financial services licensees to have in place adequate arrangements for the management of conflicts of interest that may arise in relation to the activities undertaken by the licensees in the ...

Unfair contract terms subject to penalties: is your organisation ready?
Insight 21 Jun 2023

Time is of the essence for companies to prepare for changes to unfair contract terms (UCT) laws. The new regime will apply to standard form contracts entered into or renewed following 9 November 2023, and to terms of standard contract terms varied after this date. ...

ASIC ramps up greenwashing-related regulatory interventions, targeting managed funds and ASX listed entities
Insight 16 May 2023

ASIC's latest report, ASIC's recent greenwashing interventions (the Report), outlines its recent surveillance activities and regulatory interventions to tackle misleading marketing and greenwashing. ...

Design and distribution obligations for investment products – ASIC's latest expectations
Insight 10 May 2023

ASIC has released Report 762 (the Report) following its recent review into how investment product issuers are complying with the Design and Distribution Obligations (DDO) regime. The report summarises ASIC's findings and highlights areas for improvement. ...

Breach reporting
Insight 02 May 2023

In this Insight, we provide an overview of the Regulatory Guidance 78: Breach reporting by AFS licensees and credit licensees (RG 78) updates, and discuss some of the issues ASIC has left on the table for round two. ...

ASIC report on life insurance in superannuation
Insight 05 Apr 2023

ASIC report on life insurance in superannuation and actions for superannuation trustees. In this Insight, we highlight further action superannuation trustees should be taking as identified in the Report against the backdrop of their regulatory obligations. ...

DDO conditional relief: facilitating the reissue of life insurance policies
Insight 20 Mar 2023

In a welcome move for life insurers reissuing or reinstating certain life policies, ASIC has registered the ASIC Corporations Instrument 2023/183. In this Insight, we provide a brief overview of the purpose of the Instrument and the relief granted by ASIC. ...

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