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Hayne report - first impressions
Insight 05 Feb 2019

Commissioner Haynes recommendations may initially seem somewhat modest - they do not undo vertical integration impose limits on executive remuneration or ban bonuses and they do not recommend that directors prefer the interests of their customers But while it is true that the recommendations are not ...

ASIC's change of tone in action
Insight 15 Mar 2019

ASIC's 'why not litigate?' approach to enforcement activities and its change in tone confirm the new era of regulatory engagement has arrived. In particular, its recent actions in the Federal Court place the waiving of legal professional privilege under the spotlight. ...

AFCA: The first six months - and the year ahead
Insight 17 Apr 2019

The Australian Financial Complaints Authority AFCA the new one-stop-shop for resolving financial complaints has had a very busy first six months of operation ...

Design and distribution obligations - products caught (or excluded)
Insight 17 Apr 2019

Four and a half years after the FSI recommended a targeted and principles-based design and distribution obligation the Design and Distribution Obligations and Product Intervention Powers Act 2019 the Act has recently received the Royal Asset Although the design and distribution obligations will not ...

APRA's guidance on the Protecting Your Super changes
Insight 16 May 2019

On 8 May APRA released its answers to some frequently asked questions about the Protecting Your Super changes I would politely suggest that the questions asked and answered by APRA make up a fairly small subset of the questions that are in fact being asked in some cases very frequently about the PYS ...

Peer-to-peer lending in Vietnam
Insight 30 Jul 2019

Peer-to-peer lending continues gain traction in Vietnam which continues to become a golden ground for fintech investors ...

APRA consults on Hayne recommendation concerning end-to-end product responsibility – the right tool for the job?
Insight 18 Jul 2019

APRA has announced a consultation on a proposal to create a new 'end-to-end product' responsibility within the Banking Executive Accountability Regime (BEAR). ...

No safe harbours for mortgage brokers in latest reforms
Insight 26 Aug 2019

Hot on the heels of its Implementation Roadmap, the Federal Government has released draft legislation introducing a best interests duty and banning conflicted remuneration for mortgage brokers. ...

Treasurer's 'Roadmap' more a reminder than an explainer
Insight 18 Aug 2019

The Treasurer, the Honourable Josh Frydenberg, released the Government's 'Implementation Roadmap' today to 'provide clarity and certainty' about the Government's ongoing work to implement the recommendations of the Royal Commission ...

ASIC's product intervention power – time to permanently retire a furphy?
Insight 13 Aug 2019

Three consultation papers released by ASIC in recent times are far more interesting for what they reveal about whether the newly-minted product intervention power was really needed in the first place, than they are for what they say about ASIC's intentions in exercising the power. ...

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