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Insights

Date
Industry

We all know “fair’s fair”; but what is fair?

05 Oct 2020
We all know “fair’s fair”; but what is fair?

Grant Holley

Co-Founder & Consultant

It is a legitimate question; and an important one if you are in the financial services sector. The Macquarie dictionary relevantly defines it as “free from bias, dishonesty, or injustice”…...

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Does your Organisation have a strong enough “Customer Voice”?

30 Sep 2020
Does your Organisation have a strong enough “Customer Voice”?

Jesse Vermiglio

Partner

You’ve no doubt heard it on multiple occasions, we live in extraordinary times.  Like so many other industries, the COVID-19 pandemic has brought significant challenges for financial services businesses.  This…...

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Responsible Lending Obligations to be Scrapped!

25 Sep 2020
Responsible Lending Obligations to be Scrapped!

Jesse Vermiglio

Partner

  The Government has this morning announced major reforms to the National Consumer Credit regime including the scrapping of Responsible Lending Obligations (RLOs).  Below is short summary of the key…...

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Shareholder Essentials for Private Companies: The Importance of a Robust Shareholder Agreement

24 Sep 2020
Shareholder Essentials for Private Companies: The Importance of a Robust Shareholder Agreement

Tim Dixon

Special Counsel

If you’re setting up a business, or you have set up a business, you most likely will or have, set up a proprietary limited (Pty Ltd) company or private company. …...

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What are the Liabilities of Directors of AFSL Holders?

18 Sep 2020
What are the Liabilities of Directors of AFSL Holders?

David Court

Partner

When considering regulatory compliance and enforcement in the financial services industry, it is common to focus on the entity that holds the Australian Financial Services Licence (AFSL) and the large…...

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What is an AML/CTF Program and do I need a Risk Assessment?

08 Sep 2020
What is an AML/CTF Program and do I need a Risk Assessment?

Naomi Fink

Special Counsel

Do I need an AML/CTF Program? Yes - if you are a “reporting entity” and you provide a “designated service” in connection with Australia that meets the “geographical link” test…...

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How Legal are your Corporate Authorised Representative / Authorised Representative Agreements? Take the Quiz

03 Sep 2020
How Legal are your Corporate Authorised Representative / Authorised Representative Agreements?  Take the Quiz

Tim Dixon

Special Counsel

In October 2016, we published a brief article entitled “Is your Standard Form Contract bullet proof?”.  That article was prepared immediately prior to the changes to the Unfair Contracts regime…...

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High Court to provide clarity on the meaning of Personal and General Financial Product advice

27 Aug 2020
High Court to provide clarity on the meaning of Personal and General Financial Product advice

Samantha Hills

Partner

The High Court of Australia is set to provide clarity as to when the line will be crossed between the giving of general financial product advice and the giving of…...

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What is an Authorised Representative?

20 Aug 2020
What is an Authorised Representative?

Grant Holley

Co-Founder & Consultant

“What’s in a name?” A fair bit when it comes to the term ‘representative’ under our Australian Financial Services licensing regime. The Act defines the term ‘representative’ as including Authorised…...

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