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Government introduces the Financial Sector Reform (Hayne Royal Commission Response) Bill 2020
Insight 13 Nov 2020

The government yesterday introduced into Parliament the Financial Sector Reform (Hayne Royal Commission Response) Bill 2020 to implement a large number of the Hayne Royal Commission recommendations. Many provisions have a start date of 1 January 2021, and some don't have a transition period. ...

Act fast, act well: Federal Court decision reinforces the importance of robust compliance programs for banks and other financial services licensees
Insight 27 Oct 2020

Chief Justice Allsop of the Federal Court recently imposed on a bank, by consent of ASIC and the bank, civil penalties totalling $10 million for unconscionable conduct in carrying out an inadequate customer remediation process. It highlights the importance of banks and other financial services licensees having in place robust compliance programs and taking prompt and comprehensive action where possible non-compliance is identified. ...

A key landmark in IBOR transition
Insight 23 Oct 2020

The long-awaited ISDA IBOR Fallbacks Supplement and Protocol will be going live today with the endorsement of ASIC, the RBA and APRA. They implement new benchmark fallbacks for both future and existing derivative contracts, facilitating the efficient transition from LIBOR and other IBORs in anticipation of their discontinuation. If you have a derivatives portfolio, the Protocol allows quick and easy adoption of the new fallbacks through a one-off adherence. That said, it may not be sufficient to cover all scenarios. ...

Financial services regulation: what you need to know now and what's changing
Webinar

Webinar: Financial services regulation: what you need to know now and what's changing ...

Linklaters: Key finance insights
Insight 07 Oct 2020

The pandemic has shone blinding spotlights on existing areas of concern within competition law and accelerated attempts by policy makers to find solutions. ...

'Winding back' responsible lending obligations
Insight 29 Sep 2020

The Government announced a simplification to Australia's consumer credit regulatory regime, which has been widely reported as a 'wind back' or 'axing' of the responsible lending obligations (RLOs) under the National Consumer Credit Protection Act 2009 (Cth) (Credit Act). Learn more from our experts. ...

Superannuation trustees and 'efficiently, honestly and fairly'
Insight 24 Sep 2020

The Federal Court has made declarations that two superannuation fund trustees contravened ss912A(1)(a) (efficient, honest and fair obligation) and 1041H (misleading or deceptive conduct) of the Corporations Act, and s12DA (misleading or deceptive conduct) of the ASIC Act. ...

ASIC issues hardship withdrawal relief to responsible entities
Insight 15 Sep 2020

In response to the COVID-19 pandemic, ASIC has provided relief reminiscent of the GFC to allow hardship withdrawals from frozen funds.  The COVID-19 version of hardship-relief goes further than its GFC predecessor in many respects. We provide an overview of the issue. ...

ASIC's Corporate Plan 2020-2024
Insight 01 Sep 2020

ASIC's Corporate Plan sets out its strategic priorities and actions for the next four years, especially its approach to its supervisory, surveillance and enforcement functions, and how each of those may have been impacted by the COVID-19 pandemic. ...

EU Commission publishes AIFMD report – what does this mean for Australian wholesale fund managers?
Insight 10 Jul 2020

The European Commission has finally published its report on AIFMD and, in doing so, considered the impact of AIFMD on AIFMs, AIFs and investors. The report is short, but gives some insight into how the key features of AIFMD have worked and the effect this has had on the market. ...

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