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Competition news
In Touch looks at what's been happening in Competition this month and what it means for your business ...
House of Representatives passes misuse of market power Bill
The House of Representatives yesterday passed the Governments Bill to broaden the misuse of market power prohibition and the Bill will be introduced to the Senate shortly The Bill as passed removes the mandatory factors the courts would have had to consider in determining whether conduct was ...
Providing digital financial product advice to retail clients
ASIC is consulting on a new regulatory guide for providers of digital financial product advice or robo-advice The regulatory guide is intended to help new entrants and existing Australian financial services licence holders For new entrants and licensees needing a reminder there is a nice summary of ...
'Tough cop' ASIC vs a Royal Commission
Has talk of a royal commission turned the ASIC Capability Review into an unlikely catalyst for an enhanced enforcement agenda With Labor pushing hard for a royal commission into the banking and financial services industry and an election looming the Government moved swiftly to announce broad reform ...
ASIC getting a bigger toolkit sooner than expected
In its response to the capability review into ASIC the Federal Government has made a commitment to accelerate the implementation of a product intervention power for ASIC and the product design and distribution obligations for the financial services industry but it left to one side some other ...
A long time coming: The Retirement Income Streams Review Report
Going into the 2013 election the present Government promised a review of the regulatory framework for retirement income streams Today the Government finally released its report It has been a long time coming And while the main outcome - a new category of tax effective pensions and annuities - will ...
Significant 'blow' for penalties claims
Today the Full Federal Court clarified the law of penalties as it applies to fees The key development is that in considering whether the amount of a fee is extravagant and exorbitant compared to the potential costs incurred in dealing with a failure to perform an obligation the court held that ...
Support for principals with bank guarantees
A principal has successfully challenged a decision to grant an interlocutory injunction restraining it from calling on performance bonds ...
Third parties are no bar to arbitration: A win for arbitration?
The Supreme Court of New South Wales has confirmed in a recent case that the impact of any dispute on third parties will generally not determine its arbitrability which rather will be determined on the proper construction of the arbitration agreement Partner Nick Rudge Senior Associate Alex Price ...
Adviser misconduct and client losses - ASIC's views
ASIC has released a consultation paper about client review and remediation programs to address client losses because of adviser misconduct Partners Michelle Levy and Malcolm Stephens look at what ASIC says a licensee should do if they identify systemic misconduct by advisers providing personal ...


