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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 ...

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 ...

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 ...

Lend Lease Development - will the High Court be moved on what 'moves' the transfer?
Insight 08 Sep 2014

In Lend Lease Development Pty Ltd v Commissioner of State Revenue, the Victorian Court of Appeal decided that certain 'development contributions' made by a purchaser to a vendor did not form part of the consideration that 'moved' the transfer of land to the purchaser. ...

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 ...

WA Supreme Court provides further guidance on challenging adjudication determinations made under the Construction Contracts Act
Insight 21 May 2015

The WASC has provided additional guidance on the types of errors that can lead to an adjudicators determination being quashed by the court ...

The rise of 'robo advice'
Insight 06 May 2015

Robo advice is another one of these phrases that we are suddenly seeing everywhere The idea offers some exciting opportunities for advice providers What are the regulatory issues And how can lawyers help ...

Review of Card Payments Regulation
Insight 06 May 2015

The level of public interest and popular support for regulation targeting excessive surcharging makes card payment regulation likely to be one of the first areas of reform following the publication of the Final Report of the Financial System Inquiry the FSI Report ...

Draft rules published for mandatory central clearing of derivatives and single-sided reporting
Insight 19 Jun 2015

ASIC has published draft rules for mandatory central clearing of certain derivatives while Treasury has published draft regulations that would permit single-sided reporting of Over-the-Counter Derivatives in some situations Partner Tom Highnam and Lawyer David Lewis discuss the implications of these ...

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