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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 ...

Draft rules published for mandatory central clearing of derivatives and single-sided reporting
Insight 19 Jun 2015

ASIC has published draft rules for mandatory central clearing of certain derivatives while Treasury has published draft regulations that would permit single-sided reporting of Over-the-Counter Derivatives in some situations Partner Tom Highnam and Lawyer David Lewis discuss the implications of these ...

Costs decisions of the Queensland P&E Court - the year in review
Insight 29 Jan 2015

In the past 12 months there have been a number of important decisions of the Queensland Planning and Environment Court that provide an insight into the application of the courts discretion to award costs Special Counsel Rosanne Meurling and Senior Associate Michael Zissis discuss the lessons learned ...

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 ...

New energy certificate exemptions for sellers and landlords
Insight 06 Mar 2015

From 1 July 2015 sellers and landlords will be able to enter into sales and leases which are the result of unsolicited offers or which involve only wholly-owned subsidiaries without the need to first provide a building energy efficiency certificate following amendments to federal legislation Partner ...

UK's Financial Conduct Authority report into asset management: guidance for future direction
Insight 06 Jul 2017

ASIC often looks to overseas regulators for inspiration So when a particularly influential regulator publishes a comprehensive report about a large segment of its regulated population including possible new areas for regulation it can pay to take note because it may be a guide to the future ...

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 ...

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 ...

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