Insights

Mandatory climate-related financial disclosure – exposure draft legislation released for comment

Treasury has released an exposure draft of its CRFD legislation for public comment. This is the next step towards introducing mandatory and standardised CRFD for medium and large listed and...

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Climate-related financial disclosure Q&A on exposure draft legislation

This short Q&A explains what is in the 12 January 2024 exposure draft legislation.

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Treasury begins consultation on managed investment scheme laws

In August, the Commonwealth commenced formal consultation on its review of the regulatory framework governing Australian managed investment schemes (MISs).

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ASIC files another greenwashing case, this time against Active Super trustee

Further to our recent insight on ASIC’s greenwashing case against Vanguard Investments, ASIC’s strategic focus on greenwashing conduct in the funds sector continues.

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New exemptions from financial service licensing for foreign financial service providers

On 7 August 2023, the Commonwealth Government released exposure draft legislation to introduce exemptions from the Australian financial service licence (AFSL) regime for foreign financial service...

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ASIC files greenwashing case against Vanguard Investments

ASIC’s strategic focus on greenwashing conduct in the funds sector continued this week, with the regulator commencing Federal Court proceedings against one of the world’s biggest investment...

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Investment belts tightened under new thin capitalisation measures

Five weeks after Treasury’s release of exposure draft legislation to amend the thin capitalisation rules, as announced in 2023 Federal Budget (Exposure Draft), the Treasury Laws Amendment (Making...

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Once more unto the breach, dear licensees – ASIC identifies room for improvement in breach reporting

On 27 October 2022, the Australian Securities and Investments Commission released Report 740 Insights from the reportable situations regime: October 2021 to June 2022.

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Treasury consults on exposure draft legislation on foreign financial service provider exemptions

On 20 December 2021, the Department of the Treasury of the Australian Government released the Treasury Laws Amendment (Measures for Consultation) Bill 2021.

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ASIC provides guidance on crypto-assets

On 29 October 2021, the Australian Securities and Investments Commission (ASIC) released Information Sheet 225: Crypto-assets (INFO 225) to provide guidance on the application of the Australian...

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ESG Considerations for Investment Funds in Australia – Disclosures

Earlier this year, Cathie Armour, a Commissioner of the Australian Securities and Investments Commission (ASIC), gave a speech on the rise of greenwashing and its potential threats.

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Treasury consults on Corporate Collective Investment Vehicles

On 27 August 2021, the Department of the Treasury of the Australian Government (Treasury) released a package of documents including exposure draft legislation and exposure draft explanatory...

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Treasury consults on Relief for Foreign Financial Service Providers

On 9 July 2021, the Department of the Treasury of the Australian Government released a consultation paper seeking industry feedback on options to extend regulatory relief to certain Foreign...

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ASIC consults on the ‘cornerstone’ of Australia’s financial services regulatory framework

On 22 April 2021, the Australian Securities and Investments Commission (ASIC) issued Consultation Paper 340: Breach reporting and related obligations (CP 340) which seeks industry submissions on...

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High Court considers the meaning of personal financial product advice

On 3 February 2021, the High Court of Australia (HCA) handed down its judgment in Westpac Securities Administration Ltd v Australian Securities and Investments Commission [2021] HCA 3  (Westpac v...

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2020 Australian investment funds landscape

As part of our most recent Australian Foreign Investment Update, our investment funds specialists highlight the recent, main regulatory developments that are likely to be of interest to offshore...

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Is it time for a superannuation fund merger?

With mounting pressure from the regulator and the burden of administrative costs, super funds are making the decision to merge more often than before; at least 28 have taken the step since 2014.

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Litigation funding regulation

The Corporations Amendment (Litigation Funding) Regulations 2020 (Regulations) were published on 23 July 2020.

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International Comparative Legal Guide: Public Investment Funds 2022

Partners Austin Bell and Matthew Shanahan have written the Australian chapter for the International Comparative Legal Guide: Public Investment Funds 2022.

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Sustainable Investment

From an investment funds perspective, the consideration of ESG factors is most clearly present in the creation of investment objectives and in determining the investment mix that will achieve that...

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International Comparative Legal Guide: Public Investment Funds 2020

Partners Austin Bell and Andi Milidoni have written the Australian chapter for the International Comparative Legal Guide: Public Investment Funds 2020.

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ASIC releases new regulatory framework for foreign financial services providers (FFSPs)

On 10 March 2020, ASIC released its new regulatory framework for FFSPs providing financial services to Australian wholesale clients.

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ASIC engages in further consultation on regulation of foreign investment advisers and other FFSPs

On 3 July 2019, the Australian Securities and Investments Commission (ASIC) issued the long-awaited Consultation Paper 315 (CP 315), setting out its proposals for the new regulatory regime for...

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Review 2019

With significant regulatory change coming into effect the spotlight is staying firmly on culture, ethics and regulatory compliance. An organisation’s social licence to operate remains a priority...

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Public Investment Funds 2019

The International Comparative Legal Guide to: Public Investment Funds 2019

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