Insights

Digital Bytes – cyber, privacy, AI & data update

While all eyes have been on the recent introduction of the privacy reform Bill to Parliament, there have been a number of other updates that continue to inform the shifting patterns of opportunity,...

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Significant reforms to Australia’s anti-money laundering regime

Finally, the Australian Government has initiated the long-waited for Tranche 2 reforms to its anti-money laundering regime with considerable fanfare.

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Distributor dilemmas: paving the path with 'reasonable steps' under DDO

The Federal Court last week handed down its decision in Australian Securities and Investments Commission v Firstmac Limited [2024] FCA 737. ASIC was successful in its claim that Firstmac Limited...

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Digital Bytes – cyber, privacy & data update

Welcome to Digital Bytes, our latest quarterly update on current developments in cyber, privacy and data governance.

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ASIC wins Qoin case: freshly minted jurisprudence on crypto, NCPs and the meaning of ‘on behalf of’

The Federal Court has found in favour of ASIC against digital currency payments provider BPS Financial Pty Ltd over its Qoin Wallet product. We unpack the Court’s findings and comment on the...

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Vanguard pinged for greenwashing

In proceedings brought in the Federal Court of Australia, ASIC has successfully established that one of the world’s largest investment managers contravened the ASIC Act when it made a series of...

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Digital Bytes – cyber, privacy & data update

2024 is off to brisk start in the cyber, privacy and data space – regulatory developments in cyber security and artificial intelligence (AI) continue at pace.

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Section 588FDA: indirect benefits to directors risk voiding a mortgage transaction

A recent Federal Court decision provides a useful distillation of the key principles that apply to unreasonable director-related transactions under s 588FDA of the Corporations Act.

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Voidable transactions: act within the statutory time limit

A Federal Court decision, handed down on Friday, is a blunt reminder that the statutory limitation period in section 588FF(3) of the Corporations Act 2001 (Cth) needs to be adhered to strictly, and...

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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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ASX insights: navigating the evolving IPO landscape in 2024

The ASX is likely to introduce a series of new measures in 2024 aimed at streamlining aspects of the IPO listing process, as outlined in a recent adviser briefing.

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Liquidator's remuneration vs employee creditors: who gets priority to circulating assets?

In this decision, the Court of Appeal of the Supreme Court of NSW considered the interplay between the priority regimes under ss 556 and 561 of the Corporations Act 2001 (Cth) (Act) in resolving a...

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Present solvency and future debt: the relevance of future debt in determining solvency

JWS represented Daniel Walley and Philip Carter of PricewaterhouseCoopers in their capacity as voluntary administrators (Administrators) of IOUpay Limited (Administrators Appointed) (Company) in an...

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Digital Bytes – cyber, privacy & data update

Developments in cyber, privacy and data continue to evolve rapidly, so we’ve summarised highlights from the past three months to give you a whirlwind tour of the most significant updates.

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Personal property securities get a makeover

After more than ten years of operation, the Personal Property Securities Act 2009 (Cth) (PPSA) and the Personal Property Securities Register (PPSR) are in line for a major overhaul.

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Digital Bytes – cyber, privacy & data update

While we await progress on the broad-reaching reforms to Australia’s Privacy Act proposed in the Attorney-General’s Review Report published in February 2023, there are plenty of other developments...

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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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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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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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