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Anybody home? The importance of checking whether your corporate clients have been deregistered
17 Oct 2023
Ellie Khor
AssociateThere is no express obligation for a financial services provider to monitor its client lists for deregistered companies. However, the recent case of ASIC v Westpac [2022] FCA 515…...
Read moreWhat are the compliance requirements for regulated managed investment schemes?
05 Sep 2023
Samantha Hills
PartnerIn 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 unregistered…...
Read moreManaged investment schemes (MIS) and when they must be registered
01 Sep 2023
Samantha Hills
PartnerThe term “managed investment scheme” is often used but not always well understood. You might have come across the term while planning a new business venture which will involve attracting…...
Read moreNew penalties for Unfair Contract Terms call for an immediate review of your Standard Form Contracts
09 Aug 2023
Alison Rees
Senior AssociateOn 9 November 2023, a substantial expansion of the unfair contract terms laws (the UCT laws) in the Australian Consumer Law (ACL) and the Australian Securities and Investments Commission…...
Read moreCurrently trending: Interim stop orders – ASIC’s focus on design and distribution
07 Jul 2023
Josh Wigney
AssociateWhen we think of trending, we think of what’s popular on Twitter or TikTok, and these trends generally don’t last longer than a couple of days to a week. When…...
Read moreOur Submission to Consultation Paper: Modernising Australia’s AML/CTF regime
08 Jun 2023
Katherine Temple
Special CounselDear Director, RE: Modernising Australia’s AML/CTF regime Thank you for the opportunity to provide feedback on proposed reforms to Australia’s anti-money laundering and counter-terrorism financing (AML/CTF) regime. We support improvements…...
Read moreBreach reporting: When do I need to report an investigation to ASIC?
05 Jun 2023
Katherine Temple
Special CounselLast month, the Australian Securities and Investments Commission (ASIC) updated its guidance on the breach reporting regime, with several amendments to Regulatory Guide 78: Breach reporting by AFS licensees and…...
Read moreRegulation and risk collide: managing information as an AFS licensee
01 May 2023
Samantha Hills
PartnerWith the recent spate of data breaches now extending to the financial services industry, Australian financial services licensees are racing to ensure that their information management procedures are up to…...
Read moreThe GDPR and Australia
01 May 2023
Vivienne Sasse
Previously a Lawyer at Holley NethercoteWhat is the GDPR? The GDPR The Regulation (EU) 2016/679 of the European Parliament and of the Council (General Data Protection Regulation) (GDPR) sets out the rules in relation to…...
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