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Insights

Date
Industry

Compliance Committees – why do we need them?

06 Mar 2023
Compliance Committees – why do we need them?

Rachel Erlich

Senior Associate

The term Compliance Committee is used in a variety of contexts in financial services.  It may be a reference to a committee that is required by law, or it may…...

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Weathering the Storm: Cybersecurity and managing information in the wake of the Optus & Medibank privacy data breaches

03 Feb 2023
Weathering the Storm: Cybersecurity and managing information in the wake of the Optus & Medibank privacy data breaches

Ursula Noye

Senior Associate

Historically, 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…...

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Who’s in control? Changes of control to a licensed entity and your obligations

09 Jan 2023
Who’s in control?  Changes of control to a licensed entity and your obligations

David Court

Partner

In this article, we examine the obligation of AFSL holders and credit licensees to determine whether there has been a change of control in their entity, and subsequently report any…...

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How to be a Responsible Manager – Competence & Responsibilities

09 Nov 2022
How to be a Responsible Manager – Competence & Responsibilities

Josh Wigney

Lawyer

The Responsible Manager (RM) is one of the most important positions that an Australian Financial Services (AFS) Licensee has to maintain.  They are the person (or, more likely, persons) who…...

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Unconscionable conduct and sales incentives: ASIC v Select AFSL Pty Ltd (No 2)

11 Oct 2022
Unconscionable conduct and sales incentives: ASIC v Select AFSL Pty Ltd (No 2)

Ursula Noye

Senior Associate

The 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…...

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Our submission in relation to the Quality of Advice Review Consultation Paper – Proposals for Reform

19 Sep 2022
Our submission in relation to the Quality of Advice Review Consultation Paper – Proposals for Reform

Samantha Hills

Partner

Name/Organisation: Holley Nethercote Lawyers Questions Intended outcomes 1.    Do you agree that advisers and product issuers should be able to provide personal advice to their customers without having to comply…...

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Triple Beef Patties – the key ingredient to time critical advice

09 Sep 2022
Triple Beef Patties – the key ingredient to time critical advice

Clarisse Berenger

Previously a Lawyer at Holley Nethercote

  Providing 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…...

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ASIC cracks down on financial advisers and licensees

09 Aug 2022
ASIC cracks down on financial advisers and licensees

Josh Wigney

Lawyer

  Financial advisers and their licensees, take note!  ASIC is following up on advisers who haven’t yet completed the financial adviser exam. For most advisers, the thought of the financial…...

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Finfluencers, referrers and discussing financial products online

08 Aug 2022
Finfluencers, referrers and discussing financial products online

Michael Mavromatis

Partner

In this article, we take a look at the key issues arising when AFS licensees work with referrers and finfluencers to distribute their products or services. Who are referrers and…...

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