Search Result
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What are the compliance requirements for regulated managed investment schemes?
05 Sep 2023In our previous article, Managed investment schemes and when they must be registered, we looked at the definition of managed investment schemes, and what distinguishes a registered from an unregistere
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What are design and distribution product governance arrangements?
29 Feb 2024The 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 form of c
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Weathering the Storm: Cybersecurity and managing information in the wake of the Optus & Medibank privacy data breaches
03 Feb 2023Historically, businesses have kept documents to 'be on the safe side'. But, as we now see in the wake of last year’s Optus and Medibank data breaches, this approach is not without its risks.
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We all know “fair’s fair”; but what is fair?
05 Oct 2020It 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” and s
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Update – Recent developments in Open Banking – the Consumer Data Right
08 Jun 2021Please find our update on Open Banking below, along with details of recent developments and upcoming changes. “Open Banking” is the application of the Consumer Data Right (CDR) in the banking s
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Unfair Contract Terms – What’s the problem?
26 Nov 2018You want to download an app on your phone, sign up for a service of some kind or rent a car. Someone comes to the door or telephones you and wants you to commit to a contract. You just wa
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Unfair Contract Terms – Is there a new Problem?
28 Feb 2024Since 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 were no
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Unconscionable conduct and sales incentives: ASIC v Select AFSL Pty Ltd (No 2)
11 Oct 2022The recent findings of unconscionable conduct in the case of ASIC v Select AFSL Pty Ltd (No 2) [1] relate to particularly egregious conduct, which was first uncovered by the Banking Royal Commission.
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Triple Beef Patties – the key ingredient to time critical advice
09 Sep 2022Providing a client with the necessary disclosures in time critical cases can be likened to a fast-food, rush hour drive-through order, where a customer is served up with the “essential”
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Top 10 Mistakes Credit Licensees are making – and how to prevent them
17 Oct 2019We have put together a list of the most common mistakes we've seen credit licensees make, and how to avoid them. Although some of these are specific to the credit licensees and the credit industry, ma