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Fighting to protect Fintech innovations
Insight 03 Dec 2014

The growth of financial services technology or Fintech as it is now called has exploded in recent years yet many of its creators dont realise that their innovations are patentable ...

Taxation of certain unit trusts - 'attribution' model to replace 'present entitlement'
Insight 03 Dec 2014

You may be forgiven for having lost track of the proposed reforms to the taxation of managed investment trusts or MITs given that this initiative has been announced by successive Federal governments since 2010 Finally though an exposure draft of new legislation is expected to be released before ...

Opportunities for financial services from the China-Australia FTA
Insight 03 Dec 2014

The Australian and Chinese governments recently announced the conclusion of negotiations on the China Australia Free Trade Agreement According to DFAT Chinas financial services commitments under the agreement represent one of the most substantial market access undertakings China has agreed to with ...

Bank technology failures: A new frontier for regulatory intervention?
Insight 03 Dec 2014

The UKs regulatory authorities have imposed the largest ever fines in Europe for technology failures in the financial services industry following a serious IT incident affecting more than 65 million customers in the UK It should serve as a cautionary tale for Australian financial institutions ...

ASIC seeking feedback on electronic disclosure proposals
Insight 17 Nov 2014

The Australian Securities and Investments Commission is seeking feedback on proposals to help facilitate the increased use of electronic means of providing disclosure for financial products and services The proposals include new class order relief to facilitate the increased use of multimedia ...

Big Data v 'personal advice' - an unequal contest?
Insight 05 Nov 2014

There is a contest underway between two heavyweights In one corner of the ring we have Big Data In the other corner we have the definition of personal advice in section 766B3 of the Corporations Act ...

The fiduciary duty of mortgage brokers?
Insight 05 Nov 2014

There is lots of noise about the duties of financial advisers and lawyers including us love to debate whether FoFA has left any room for fiduciary obligations ...

Clues for industry in ASIC'S Strategic Outlook
Insight 24 Oct 2014

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 ...

Retail life insurance advice - ASIC's views on FoFA revealed
Insight 10 Oct 2014

The Australian Securities and Investments Commission released its report reviewing retail life insurance advice yesterday The report provides insights into ASICs views on the Future of Financial Advice FoFA Partner Michelle Levy and Senior Regulatory Counsel Michael Mathieson report ...

Proposed disallowance of FoFA 'streamlining' regulation fails
Insight 02 Oct 2014

A motion to disallow the vast majority of the provisions of the Corporations Amendment Streamlining Future of Financial Advice Regulation 2014 has failed Associate Rosie Thomas and Senior Regulatory Counsel Michael Mathieson report ...

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