241-250 of 606 results
Measuring ‘spilt milk’
Can food and beverage industry participants be found to have engaged in misleading or deceptive conduct for failure to comply with aspects of relevant regulatory regimes? The Federal Court has confirmed that they can. ...
Controversial encryption legislation passed
The Governments highly controversial encryption legislation was hastily passed through Parliament last week making it the first legislation of its kind globally Partner Valeska Bloch and Paralegal Sophie Peach report ...
New APRA prudential standard raises bar for information security obligations and incident notification requirements
As companies and regulators across the world grapple with ever-increasing cyber security threats, Australia's financial services regulator, APRA, has released the final form of a new prudential standard, which imposes heigtened security obligations for APRA-regulated entities ...
The ins and out (goings) of responsible lending
Very broadly speaking current legislation relating to responsible lending says that a person must not recommend or make an unsuitable loan to a consumer - an unsuitable loan being one that either does not meet the consumers requirements and objectives or imposes repayment obligations that they are ...
AFCA's powers and obligations - 'systemic issues'
In his Interim Report, Commissioner Hayne rejected claims that misconduct in the financial services sector was the fault of 'a few bad apples' and did not raise 'broader or systemic concerns. This Insight considers what can and should be done about such systemic issues. ...
Rise above backlash to extract full benefits from data: new report from Allens
The report, Benefits over backlash, explores a negative trend in consumer confidence in data use following high-profile scandals in the past 12 months. It urges organisations to move beyond the ...
Efficiently, honestly and fairly - overarching and fundamental obligations?
In his recent Interim Report into Misconduct in the Banking Superannuation and Financial Services Industry Commissioner Hayne makes a lot of the duties of an Australian financial services licensee and an Australian credit licensee to provide financial services or credit activities as the case may be ...
Royal Commission: Round 3 - experiences with SME lending
The third round of the Royal Commissions hearings concerned lending practices to small and medium enterprises SMEs The hearings considered a range of case studies ...
Royal Commission: Round 4 - experiences with financial service entities in regional and remote communities
In the Interim Report the Commissioner identifies four principal issues relating to agricultural lending ...
Royal Commission: Round 2 - experiences with financial advice
Although the Commissioner says that the Royal Commission is part of the executive and not the judiciary and that he is therefore not able to make any findings of law he comes pretty close in his views in response to Round 2 And in some important respects those views do not correspond with ...