On Friday the Government released a large package of Exposure Draft Bills to implement the last of the Financial Services Royal Commission recommendations. There are some important and significant changes and Treasury is consulting widely (although not for very long) and seeking feedback. ...

The fund financing market in Australia continued to be buoyant in 2019. Private equity, infrastructure and real estate funds remain the main drivers of volume, with an increasing number of newly raised as well as existing private debt funds also capitalising on the market's additional liquidity and ...

ASIC Report 639 Financial advice by superannuation funds was published on 3 December. It examines the ways in which superannuation funds provide financial advice to members and the overall quality of personal financial advice obtained through funds. ...

Anyone with even a passing professional interest in superannuation and funds will be familiar with 'RG 97' . This Insight examines the key changes made to regime after the ASIC review. ...

This Insight considers the regulatory effect of the grandfathering of the conflicted remuneration clause, 6½ years after it came into effect. ...

In response to the rapid growth of the e-payment market in Vietnam, the State Bank of Vietnam (the SBV) has reviewed the legal framework regulating the sector and proposed some important changes. In this Insight, we set out the key amendments the SBV has already issued – as well as those in the pipeline – and their potential impact on the intermediary payment services market. ...

The Australian Government has tabled the Crimes Amendment (Combatting Corporate Crime) Bill 2019 (the 2019 Bill) in the Senate, and the Attorney-General's Department has released Draft Guidance on the steps a body corporate can take to prevent an associate from bribing foreign public officials for public consultation (the Draft Guidance). Like the 2017 version of the Bill that lapsed earlier this year (the 2017 Bill), if passed, the 2019 Bill will strengthen Australia's foreign bribery laws, including by introducing a new corporate offence of failure to prevent bribery by an associate, and will introduce a Deferred Prosecution Agreement (DPA) scheme for resolving serious corporate criminal matters. Partner Rachel Nicolson, Senior Associate Andrew Wilcock and Associate Lewis Winter report on the key differences between the 2017 and 2019 Bills, and the content of the Draft Guidance. ...

The Equator Principles Association unveiled the finalised fourth version of the Equator Principles (EP4) on 18 November 2019. Set for an effective date of 1 July 2020, EP4 heightens requirements for designated OECD countries and tightens due diligence assessments with a greater focus on human rights, climate change and biodiversity. While there are many improvements and refinements from the draft we reviewed in June, the only potentially material change is a compromise on the 'free prior and informed consent' requirement for affected Indigenous communities. ...

The recent amendment to the test for dishonesty in the Corporations Act 2001, which lowers the burden on the prosecution will have implications for the concept of 'community expectations' into the criminal law. ...

Investor appetite for Australian infrastructure remains strong. However, to maintain our status as a leading infrastructure investment destination, we must address systemic issues that are adversely impacting the market, including cost overruns on major projects.  ...