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Senate releases report on FOFA Bill
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
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
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 ...
Superannuation retirement phase - lessons from recent UK annuity changes
A key risk faced by self-funded retirees is the possibility that their superannuation savings will not last as long as they will While lifetime pensions and annuities issued by life companies can assist in addressing this risk there has traditionally been a relatively low uptake of these products by ...
What does 1 July 2014 mean under FoFA?
For most people working in the financial services industry it would be unwise to let 1 July come and go without asking what will change In 2014 as in 2012 and 2013 1 July is a very significant date under FoFA the Future of Financial Advice ...
Federal Government announces FOFA changes
The Federal Government has announced that it will press ahead with changes to the future of financial advice provisions, initially by regulation and then by legislation ...
The Federal Court on information to third parties, legal professional privilege and waiver
A recent Federal Court decision highlights the importance of managing the provision of information and documentation to third parties with caution in order to preserve legal professional privilege Partner Richard Harris and Senior Associate Elnaz Nikibin report on the case ...
The best interests duties - process or outcome?
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 ...
Clues for industry in ASIC'S Strategic Outlook
ASICs recently published Strategic Outlook outlines its priorities for responding to the key risks it believes will affect investors and gives some interesting clues into what industry participants can expect from ASIC over the next 12 months such as more surveillance of insider trading breaches of ...
Broader reform themes evident in ASIC's forestry schemes submission
ASICs Senate submission on forestry schemes has emphasised important regulatory reform themes with implications for managed investment schemes and financial services regulation more generally Partner Marc Kemp Consultant Derek Heath and Lawyer Patrick Boyle report ...