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You’ve just suffered a ‘cyber’ incident – What are the legal risks?
02 Apr 2024
Ursula Noye
Senior AssociateAsk Optus. Its 14-hour national outage on 8 November 2023 led to a Parliamentary inquiry, the resignation of its then CEO, and loss of trust across the market. While it…...
Read moreWhat happens when the applicant does not give consent?
15 Mar 2024
Ellie Khor
LawyerThe ASIC Corporations and Credit (Reference Checking and Information Sharing Protocol) Instrument 2021/429 (the Protocol) sets out the reference checking and information sharing requirements that apply to financial services licensees…...
Read moreFACT SHEET: Top 5 Tips for Preparing Target Market Determinations (TMDs)
01 Mar 2024
Michael Mavromatis
PartnerThe design and distribution obligations (DDO) are designed to ensure that product issuers adopt a consumer-centric approach when designing (and distributing) products. Before distributing a product, a product issuer must…...
Read moreWhat are design and distribution product governance arrangements?
29 Feb 2024
Michael Mavromatis
PartnerThe product design and distribution obligations (DDO) regime, which commenced on 5 October 2021 introduced a new approach to regulation, by moving away from relying on disclosure as the main…...
Read moreUnfair Contract Terms – Is there a new problem?
28 Feb 2024
Tim Dixon
Special CounselSince our article in November 2018, the Unfair Contracts Terms (“UCT”) regime[1] has been strengthened to apply to a much greater pool of contracts, and so some businesses which previously…...
Read moreFACT SHEET: Do I need an Australian Financial Services Licence (AFSL)?
22 Feb 2024
Frank Varga
Head of LicensingThe law says that you need an Australian Financial Services Licence (AFSL) if you are a “person” who carries on a “financial services” business in this jurisdiction. (This article includes…...
Read moreFACT SHEET: Key AFSL Requirements
21 Feb 2024
Frank Varga
Head of LicensingHow do I get an AFSL, you ask? Below, we outline the key requirements required for applying for and obtaining an AFSL. If you decide to obtain an AFSL, it…...
Read moreFACT SHEET: AFSL Costs
20 Feb 2024
Frank Varga
Head of LicensingSo, you think you’re ready to apply for your own AFSL. What are the costs should you be prepared for? Preparing You can attempt to prepare and submit your own…...
Read moreFACT SHEET: The AFSL Application Process
17 Feb 2024
Frank Varga
Head of LicensingBefore applying for a licence, you need to know: 1. Why are you applying? “Branding” alone won’t cut it. You need to convince ASIC that you need a licence. You…...
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