Articles

Date
Category
Industry

Efficiently, Honestly and Fairly

Monday, 30 September 2019
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Grant Holley

Managing Partner

I’d like some “Efficiently, Honestly and Fairly” please, with a dash of “community expectations” thrown in.¹ I would like to start with what is, I think, an unarguable proposition. No…...

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Enforceable Undertakings – what you need to know as a licensee

Tuesday, 17 September 2019
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Grant Holley

Managing Partner

An enforceable undertaking, or EU, is an undertaking offered to ASIC, by what we affectionately refer to as “the Pingee”, which sets out in writing certain actions that the Pingee…...

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How can a computer comply with the Best Interests Duty (BID)?

Friday, 13 September 2019
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Grant Holley

Managing Partner

The best interests duty Section 961B of the Corporations Act 2001 (Cth) (“the Act”) requires a provider of financial product advice to act in the best interests of the client…...

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Directors duties of a responsibility entity

Thursday, 05 September 2019
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Samantha Hills

Senior Associate

Need a hand with understanding your duties as director of a responsible entity? Check out this case that made it all the way to the High Court. The case In…...

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Protecting your AFSL from advisers who breach

Wednesday, 04 September 2019
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Samantha Hills

Senior Associate

Being able to sever ties with an adviser who is causing you to breach your AFSL obligations is an important consideration for licensees. AR agreements and internal auditors You should…...

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Essential things you should know about contracts

Tuesday, 03 September 2019
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Samantha Hills

Senior Associate

Even if you engage lawyers to draft or review your contracts, there are some essential things you should know. 1. The contract document does not necessarily reflect the whole agreement…...

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Product Intervention for CFDs issuers and Binary Options has landed in Australia. Read our top 6 FAQs

Friday, 23 August 2019
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Paul Derham

Partner

After years of speculation, product intervention in the CFDs sector has come to Australia.  This article sets out the 8 conditions proposed by ASIC, and some of our commentary.  As…...

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Current ASIC trends in AFSL and ACL applications and variations

Friday, 05 July 2019
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Fiona McCord

Senior Associate

Some of you reading may already hold a licence issued by ASIC, be it an AFSL, an ACL or both. If you’re not looking to set up a new business…...

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Data Breach Reporting – What you need to know as a Licensee

Tuesday, 02 July 2019
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Fiona McCord

Senior Associate

Australian Financial Services and Australian Credit Licensees are subject to data breach reporting requirements contained in the Privacy Act 1988 (“data breach law”). The law imposes a reporting obligation when…...

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