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Unconscionable conduct and sales incentives: ASIC v Select AFSL Pty Ltd (No 2)
11 Oct 2022
Ursula Noye
Senior AssociateThe 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…...
Read moreOur submission in relation to the Quality of Advice Review Consultation Paper – Proposals for Reform
19 Sep 2022
Samantha Hills
PartnerName/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…...
Read moreTriple Beef Patties – the key ingredient to time critical advice
09 Sep 2022
Clarisse Berenger
Previously a Lawyer at Holley NethercoteProviding 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…...
Read moreASIC cracks down on financial advisers and licensees
09 Aug 2022
Josh Wigney
AssociateFinancial 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…...
Read moreFinfluencers, referrers and discussing financial products online
08 Aug 2022
Michael Mavromatis
PartnerIn 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…...
Read moreOur feedback to Treasury’s issues paper ‘Quality of Advice Review’
10 Jun 2022
Samantha Hills
PartnerEmail: [email protected] Dear Ms Levy, RE: Quality of advice review – issues paper Thank you for the opportunity to provide feedback on Treasury’s issues paper Quality of Advice Review (the…...
Read moreDon’t tick off the regulator: the role of the humble checklist
08 Jun 2022
Zoe Higgins
Previously a Special Counsel at Holley NethercoteMisleading and deceptive advertising has been an enduring area of focus for ASIC – and a minefield for the licensees involved. We often remind our clients that ASIC regularly monitors…...
Read moreCCIV – A new structure for collective investments
02 May 2022
David Court
PartnerFrom 1 July 2022, a new type of investment product – the Corporate Collective Investment Vehicle (CCIV) – will be able to be established by Australian fund managers. In this…...
Read moreCrypto regulation on the horizon: Treasury’s new consultation paper on crypto asset secondary service providers
27 Apr 2022
Paul Derham
Managing PartnerLast month, Treasury released a Consultation Paper outlining the Government’s proposed approach to regulating crypto assets. The Consultation Paper sets out options for a licensing and regulatory regime for ‘crypto…...
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