Insights

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 regulation of Litigation Funding Schemes

On 9 July 2021, the Australian Securities and Investments Commission (ASIC) issued Consultation Paper 345 – Litigation funding schemes: Guidance and relief (CP 345). CP 345 contains ASIC’s proposed...

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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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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 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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Financial product advice - what was general is now personal

On 28 October 2019, the Full Court of the Federal Court published its judgment in Australian Securities and Investment Commission v Westpac Securities Administration Limited

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International Comparative Legal Guide: Alternative Investment Funds 2019

Partners Austin Bell and Andi Milidoni have written the Australian chapter for the International Comparative Legal Guide: Alternative Investment Funds 2019

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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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Public Investment Funds 2019

The International Comparative Legal Guide to: Public Investment Funds 2019

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Changes to the FFSP regime

On 1 June 2018, ASIC released Consultation Paper 301 in connection with the Australian financial services (AFS) licensing exemptions applicable to foreign financial service providers (FFSP...

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Corporate Collective Investment Vehicles – initial consultations completed

The target is within sight for the draft Corporate Collective Investment Vehicle (CCIV) legislation to be finalised.

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AFS licensing exemption under the FFSP Class Orders - reporting and disclosure requirements

Foreign financial service providers (FFSPs), that provide financial services to wholesale clients in Australia relying on one of the FFSP Class Order exemptions from holding an Australian financial...

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AMP Life Ltd v AMP Capital Funds Management Ltd & Anor [2016] NSWCA 176

On 26 July 2016, the Supreme Court of New South Wales – Court of Appeal – dismissed an appeal by AMP Life Ltd from the orders made by Brereton J on 27 June 2016.1 The orders dealt with the...

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ASIC Regulatory Guide 251: Derivative Transaction Reporting

The Australian Securities & Investments Commission (ASIC) released Regulatory Guide 251. RG 251) in...

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The Responsible Entity's power to amend Scheme Constitutions without member approval

With Barrett J's judgment in Re Centro Retail Limited and Centro MCS Manager Limited [2011] NSWSC 1175 (Centro Case) following the judgment in Premium Income Fund Action Group Inc v Wellington...

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REPORT 408: ASIC reviews implementation of Platform policy

In June 2013, ASIC updated its policy about platforms and published Regulatory Guide 148 Platforms that are managed investments schemes

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ASIC report on regulating complex products

In January 2014, ASIC published Report 384: Regulating Complex Products (Report), which'sets out the recent work done by ASIC's Complex Products Working Group and identifies opportunities for ASIC...

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Conflicted remuneration - final FOFA Regulations released

Regulations made on 28 June 2013 under the Corporations Amendment Regulation 2013 (No.5) (Regulations) have clarified or confirmed significant matters relating to conflicted remuneration under the...

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Registered scheme constitutions - ASIC's revised policy

On 5 June 2013 ASIC released its revised policy about the content of registered managed investment scheme (scheme) constitutions: Regulatory Guide 134 Managed Investments: Constitutions...

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Conflicted remuneration - new ASIC policy guidance

ASIC has released guidance on its approach to administering the conflicted remuneration provisions of Part 7.7A of the Corporations Act 2001 (Act): Regulatory Guide...

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