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Design and distribution obligations - products caught (or excluded)
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
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 ...
New draft APRA Prudential Standard (CPS 511) set to reshape group-wide remuneration frameworks and incentive arrangements for ADIs, superannuation funds and insurers
APRA has released a discussion paper on its new prudential standard on remuneration which will have far-reaching implications for variable remuneration structures across all APRA-regulated entities. ...
Singapore Convention on Mediation: a step towards easier enforcement of international settlements
On 7 August 2019, the United Nations Convention on International Settlement Agreements resulting from Mediation (the Convention) will be open for signature. It will come into force six months after three countries have signed, with Singapore expected to be the first State to do so. ...
APRA consults on Hayne recommendation concerning end-to-end product responsibility – the right tool for the job?
APRA has announced a consultation on a proposal to create a new 'end-to-end product' responsibility within the Banking Executive Accountability Regime (BEAR). ...
Federal Court orders disclosure of class action respondent's insurance policies, affirming a recent trend
In the Radio Rentals Class Action, the Federal Court of Australia has ordered - over the objection of an Insurer - that a respondent disclose its insurance policies to the applicant. ...
No safe harbours for mortgage brokers in latest reforms
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. ...
ASIC's product intervention power – time to permanently retire a furphy?
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. ...
Inducements in the corporate superannuation sector – guidance misses the mark
There are considerable problems with some guidance that was published a few months ago on section 68A ('no treating of employers') of the Superannuation Industry (Supervision) Act 1993. Michael Mathieson and Ally Crowther report. ...
Excessive payment surcharging reforms
As of 1 September 2017 merchants will be prohibited from charging excessive payment surcharges for certain payment methods Under the new rules businesses can only pass on to customers what it costs them to process a payment The Allens Competition team have put together a brief overview of the ...