Looking forward: 2020 and beyond As we look forward at what's to come, the Royal Commission's lessons on governance and director duties continue to resonate in Australian boardrooms across a range of industries. Here are a few key points: ...

The BEAR It comes as no surprise that one of the key ways in which the Final Report recommends the need for greater personal accountability be addressed is by the expansion of the BEAR. Specifically, the Commissioner has recommended that: ...

Filings: what have we seen and what's to come? Before the publication of the Final Report, the matters raised during the Royal Commission resulted in either the commencement or investigation of class actions in relation to: Superannuation ...

Preparing your business to respond Although dealing with regulators will never be an exact science, there are steps you can take now to navigate this new regulatory enforcement landscape. We have been assisting clients with: preparing a ...

Executive remuneration Last year, the Commission's examination of misconduct and senior executive remuneration contributed to a reporting season hit by public showings of shareholder dissatisfaction, with many of Australia's largest ...

Are there implications over a year on? Yes. The broader lessons on culture are becoming clearer, and we have seen an increasing trend towards its regulatory supervision, particularly with APRA regulated entities. In February 2019, the 4th ...

The response to the Final Report The Government's initial response to support the Recommendations was met with intense dissatisfaction and criticism from the mortgage broking industry. Industry groups argued that banning trail commissions ...

Culture and social licence '[G]etting culture and conduct right is not a supervisory requirement. It is necessary for banks’ and banking’s economic and social sustainability'1 Culture and misconduct The role of corporate culture assumes ...

In the Final Report, the Commissioner has found that, for the most part, whilst the legislative tools necessary to protect borrowers are already available, there have been significant shortcomings ...

Commissioner Hayne's recommendations may initially seem somewhat modest – they do not undo vertical integration, impose limits on executive remuneration or ban bonuses and they do not recommend that directors prefer the interests of their customers. But, while it is true that the recommendations are not radical, there is much in the report that will mean some real changes for financial services companies, their Boards and their executives, as well as for their regulators and advisers. ...