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Review of Card Payments Regulation
Insight 06 May 2015

The level of public interest and popular support for regulation targeting excessive surcharging makes card payment regulation likely to be one of the first areas of reform following the publication of the Final Report of the Financial System Inquiry the FSI Report ...

Nudge, nudge, think, think - ASIC and behavioural economics
Insight 01 Apr 2015

In 2014 ASIC started promoting the use of behavioural economics in its regulatory activities Two reports recently released by ASIC provide clues as to how ASIC may try to counteract behavioural biases in the future ...

Protecting the financial system from cross-border contagion
Insight 06 May 2015

In the aftermath of the global financial crisis governments and regulators have been busy identifying ways to better protect the financial system from future shocks Among these are measures for arming financial regulators with a more comprehensive crisis management toolkit Of particular concern are ...

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 ...

Could superannuation cease to be prudentially regulated?
Insight 02 Sep 2014

The Financial System Inquiry FSI has asked whether superannuation should cease to be prudentially regulated Is this idea likely to go anywhere Dont be so sure that it wont ...

Short on solutions for a growing problem
Insight 08 Aug 2014

The Financial System Inquirys interim report devotes a lot of space to superannuation but doesnt have a great deal to say What is missing from the report is any vision for a retirement income system and it is hard to see how the FSI will bring about any significant changes It is also hard to see ...

The best interests duties - process or outcome?
Insight 05 Feb 2015

Superannuation fund trustees and their lawyers including this one have been grappling for years with what the covenant in section 522c of the Superannuation Industry Supervision Act 1993 means What must a trustee do to exercise its powers and discharge its duties in the best interests of ...

MySuper and promoting the financial interests of MySuper beneficiaries
Insight 05 Mar 2015

An examination of a trustees duty to promote the financial interests of its MySuper beneficiaries is it outcomes-based or process-based ...

Withholding tax on the sale of Australian property by foreign residents
Insight 19 Nov 2014

Treasury has released a discussion paper on the proposal to introduce a non-final withholding tax on the disposal of taxable Australian property by foreign residents Partner Katrina Parkyn looks at some of the key areas of discussion ...

Allens insights: Merit appeals and the need for reform: Warkworth Mining Ltd v Bulga Milbrodale Progress Association Inc
Insight 04 Dec 2014

In Warkworth Mining Ltd v Bulga Milbrodale Progress Association Inc the NSW Court of Appeal upheld the decision of the NSW Land and Environment Court LEC to refuse approval for the expansion of the Warkworth Mine near Bulga NSW ...

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