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How Legal are your Corporate Authorised Representative / Authorised Representative Agreements? Take the Quiz
03 Sep 2020In October 2016, we published a brief article entitled “Is your Standard Form Contract bullet proof?”. That article was prepared immediately prior to the changes to the Unfair Contracts regime c
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How can a computer comply with the Best Interests Duty (BID)?
13 Sep 2019The best interests duty Section 961B of the Corporations Act 2001 (Cth) (“the Act”) requires a provider of financial product advice to act in the best interests of the client in relation to the a
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High Court to provide clarity on the meaning of Personal and General Financial Product advice
27 Aug 2020The High Court of Australia is set to provide clarity as to when the line will be crossed between the giving of general financial product advice and the giving of personal financial product advice.
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FSG relief – what’s in it for me?
29 Oct 2024From 10 July 2024, advice licensees and their corporate authorised representatives (CARs) and Authorised Representatives (ARs) have been able to take advantage of modest relief in relation to Financia
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Finfluencers, referrers and discussing financial products online
08 Aug 2022In 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 finfluencers? Refer
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Financial Services Compliance: Save or Spend?
06 May 2021When new clients are looking to engage us for the first time, they sometimes ask us for recommendations on what our first task should be. This is obviously more likely to happen where a business do
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Federal Court dismisses ASIC’s test case against Westpac on Responsible Lending
08 Nov 2019In early August 2019, Justice Perram of the Federal Court dealt ASIC a significant blow by dismissing its case that Westpac had breached responsible lending laws. In some ways, the decision was not
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FACT SHEET: What is an AML/CTF Program?
22 May 2025This Fact Sheet has been prepared based on the future requirements of the AML/CTF regime for Tranche 2 entities that will commence 1 July 2026. An AML/CTF Program is not only a core compliance req
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FACT SHEET: What are the AML/CTF Governance Obligations?
22 May 2025This Fact Sheet has been prepared based on the future requirements of the AML/CTF regime for Tranche 2 entities that will commence 1 July 2026. As a reporting entity, you must identify the follow
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FACT SHEET: Top 5 Tips for Preparing Target Market Determinations (TMDs)
02 Nov 2022The design and distribution obligations (DDO) are designed to ensure that product issuers adopt a consumer-centric approach when designing (and distributing) products. Before distributing a product