Insights

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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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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High Court decision on share buy-backs and share capital accounts

On 5 December 2012, the High Court of Australia gave its judgment in Commissioner of Taxation v Consolidated Media Holdings Ltd...

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Hedge fund disclosure requirements - RG 240

On 18 September 2012, the Australian Securities and Investments Commission released Regulatory Guide 240 "Hedge funds: Improving

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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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FOFA - wholesale v retail Options Paper

In January 2011, Treasury released an Options Paper on the wholesale v retail client distinction, as part of the Future of Financial Advice (FOFA) project.The paper floats a number of options for a...

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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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Can anyone in the market profitably duplicate the essential facility?

On 14 September 2012, the High Court delivered its much anticipated landmark decision in relation to the Pilbara iron ore railways access matters. In doing so, it upheld the Full Federal Court...s...

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Proposed APRA prudential standards

The Australian Prudential Regulation Authority (APRA), the prudential regulator of superannuation funds, insurance bodies and banks, is proposing to release new prudential standards for trustees of...

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Updating information in a PDS - beware the limits of Class Order 03/237

Issuers of Product Disclosure Statements (PDS) often rely on ASIC Class Order 03/237 to update information in a PDS. However, issuers need to be aware of limits on the updates to PDS information...

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FOFA: Exposure Draft of Corporations Amendment

On 29 August 2011, the Assistant Treasurer and Minister for Financial Services and Superannuation released an Exposure Draft of the Corporations Amendment (Future of Financial Advice) Bill...

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