Insights

Date
Industry


What happens when the applicant does not give consent?

15 Mar 2024
What happens when the applicant does not give consent?

Ellie Khor

Associate

The 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…...

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What are design and distribution product governance arrangements?

29 Feb 2024
What are design and distribution product governance arrangements?

Michael Mavromatis

Partner

The 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…...

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Unfair Contract Terms – Is there a new problem?

28 Feb 2024
Unfair Contract Terms – Is there a new problem?

Tim Dixon

Special Counsel

Since 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…...

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FACT SHEET: Do I need an Australian Financial Services Licence (AFSL)?

22 Feb 2024
FACT SHEET: Do I need an Australian Financial Services Licence (AFSL)?

Frank Varga

Head of Licensing

The 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…...

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FACT SHEET: Key AFSL Requirements

21 Feb 2024
FACT SHEET: Key AFSL Requirements

Frank Varga

Head of Licensing

How 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…...

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FACT SHEET – Should I have my own AFSL?

11 Feb 2024
FACT SHEET – Should I have my own AFSL?

Frank Varga

Head of Licensing

Does the licensing regime prevent you from being an authorised representative of an existing AFSL holder?  Are you getting tired of receiving bills from your licensee for the privilege of…...

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FACT SHEET: Top 10 Tips for a Successful AFSL Application

08 Feb 2024
FACT SHEET: Top 10 Tips for a Successful AFSL Application

Frank Varga

Head of Licensing

Here are our top 10 tips for a successful AFSL application. Organisational competency, as demonstrated by your Responsible Manager, will make or break your application. Get good legal advice at…...

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Design and Distribution Obligations – deferred but not forgotten. What do you need to do to prepare for the DDO regime?

23 Dec 2023
Design and Distribution Obligations – deferred but not forgotten.  What do you need to do to prepare for the DDO regime?

Michael Mavromatis

Partner

The design and distribution obligations (DDO) may have been deferred for six months, but they’re not going away. Product issuers and distributors still need to prepare for the commencement of…...

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Our submission to Treasury’s Regulating Digital Asset Platforms Proposal Paper

08 Dec 2023
Our submission to Treasury’s Regulating Digital Asset Platforms Proposal Paper

Paul Derham

Managing Partner

Dear Director, RE: Regulating Digital Asset Platforms - Proposal Paper Thank you for the opportunity to provide feedback on Treasury’s Regulating Digital Asset Platforms Proposal Paper (the Proposal Paper). As…...

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