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APRA releases 'constructively tough' Enforcement Approach
Insight 18 Apr 2019

In the wake of the Financial Services Royal Commission Royal Commission and the introduction of the Banking Executive Accountability Regime BEAR APRA has undertaken a review of its enforcement strategy The Enforcement Review Final Report APRA Final Report and an updated Enforcement Approach have now ...

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 ...

100 member rule to be abolished
Insight 24 Oct 2014

The 100 member rule for convening company meetings will be abolished under legislative amendments introduced into Parliament this week following consultation by the Federal Government on draft legislation earlier this year Proposed streamlining of remuneration disclosure obligations is also still ...

What do ASIC and APRA want from Murray?
Insight 01 Oct 2014

Although more than 6500 second round submissions have been made to the Financial System Inquiry submissions made by ASIC and APRA will be read with greater interest than most The recommendations in these submissions are likely to be given greater weight by the FSI panel members and could find their ...

Bringing light to the shadows: regulation of the Australian shadow banking sector
Insight 08 Aug 2014

The Financial Stability Board has been working since the GFC to develop a policy framework that mitigates the systemic risks of the shadow banking sector while simultaneously preserving its benefits We examine international developments in shadow banking and the Boards proposed regulatory response ...

Directors' duties and the interests of 'APRA beneficiaries'
Insight 02 Sep 2014

The interim report of the Financial System Inquiry FSI asks whether directors in different parts of the financial system should have different duties ...

Federal Court rules liquidator needn't account for tax on sale of assets
Insight 21 Oct 2014

The Full Federal Court has held that a liquidator has no obligation to retain monies on account of tax until a notice of assessment has been issued While the decision is a win for taxpayers and creditors of insolvent entities it remains to be seen how the Commissioner of Taxation will respond ...

Term of mutual trust and confidence not implied into Australian employment contracts
Insight 10 Sep 2014

A landmark High Court decision has determined that a term of mutual trust and confidence is not necessary and should not be implied at law into employment contracts in Australia Special Counsel Eleanor Jewell reports ...

Adjudications under WA's SOPA legislation - enforcement by statutory demands clarified
Insight 24 Jun 2014

The WA Supreme Court has provided important clarification on the enforcement of adjudication determinations by the use of statutory demands under that States security of payment legislation It has confirmed that leave to enforce an adjudication determination as a judgment must be obtained before the ...

Report: National Electricity & Gas Rules Update 2018
Insight 13 Jul 2018

In this final wrap-up for FY1718 we take a look at the new rule change requests draft and final determinations made in the period April - June 2018 as well as track the progress of other National Electricity Gas and Energy Retail Rule changes currently underway ...

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