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Round 4: Experiences with financial services entities in regional and remote communities
Issues 10 Feb 2019

During the agricultural round of hearings, and in his Interim Report, the Commissioner asked if there should be special rules for farmers to address the particular challenges of the sector, and if so, who should bear the added cost? ...

Round 2: Financial Advice
Issues 10 Feb 2019

In her summary my colleague, Michelle Levy, said her initial reaction was that the recommendations in the Final Report were modest but, on a second reading, some would set a cat among the pigeons. ...

Round 3: Lending Practices to Small and Medium Enterprises
Issues 10 Feb 2019

Throughout the Royal Commission, Commissioner Hayne grappled with the difficulties of striking an appropriate balance between ensuring that small and medium enterprises (SMEs) have access to credit, and imposing standards on the provision of that credit to protect SME borrowers and third-party guara ...

Sidestepping arbitration clauses - a potentially explosive business!
Insight 28 Jan 2014

The Supreme Court of Western Australia has rejected a wide-ranging attack by a contracting party preferring litigation to arbitration on the operation of an arbitration clause Partner Andrew Maher reports ...

FoFA Amendment Bill introduced into Parliament
Insight 19 Mar 2014

The Federal Government today introduced a Bill into Parliament to implement its proposed amendments to the Future of Financial Advice legislation There are some significant differences between the Bill as introduced and the earlier exposure draft version released in January The proposed reforms are ...

The mFund Settlement Service - coming soon
Insight 12 Feb 2014

The ASX has announced that it has now received regulatory clearance for its new mFund Settlement Service previously known as AQUA II and the ASX Managed Funds Service which it hopes will be launched before 30 June 2014 Once established the service will allow investors to transact electronically in ...

Civil penalties: are negotiated outcomes still negotiable?
Insight 12 Mar 2014

A recent decision of the High Court could intensify uncertainty about the legitimacy of resolving civil penalty proceedings by the regulator and the defendant approaching the court with an agreed penalty supported by an agreed statement of facts Partner Matthew McLennan and Lawyer Megan Sandler ...

Federal Government announces FOFA changes
Insight 20 Jun 2014

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 ...

Senate releases report on FOFA Bill
Insight 17 Jun 2014

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
Insight 30 Jun 2014

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 ...

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