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Financial Services Newsletter (newsletter)
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2017
Volume 16 No 7 — August 2017
SMSFs: what is the proportioning rule?
Constitutional issues raised by South Australia’s proposed major bank levy
ASIC Enforcement Review Taskforce consults on strengthening ASIC’s licensing powers
Australian Government proposals for open banking in Australia: promoting competition and innovation
General Editor’s note
Volume 16 No 6 — July 2017
Insolvent trading — safe harbour is on the way but what should directors do today if faced with financial difficulty?
Some recent developments and some FSC submissions
The evolution of smart contracts
General Editor’s note
Volume 16 No 5 — June 2017
Update on proposed external dispute resolution changes
ASIC information sheet on common registration issues for managed investment schemes
Big four banks pressured to act on unfair contract terms in small business contracts
General Editor’s note
Volume 16 No 4 — May 2017
Changes proposed for breach reporting regime for financial services and credit licensees
What can licensees expect from ASIC in the near future?
ASIC extends its licensing exemption for foreign financial services providers and confirms that it will consult on passport relief
Expanded risk management requirements for responsible entities
General Editor’s note
Volume 16 No 3 — April 2017
RG257 — how big is ASIC’s regulatory sandbox?
Report 515 — Financial Advice: Review of How Large Institutions Oversee their Advisers
Best interests duty — a recap and where we are now
Tabcorp pays record penalty for AML/CTF shortcomings
General Editor’s note
Volume 16 No 2 — March 2017
Quis custodiet ipsos custodies? (Who will guard the guards themselves?)
The New Payments Platform: financial plumbing for the economy of the future
Government consults on design and distribution obligations and ASIC product intervention power
Supreme Court awards $23 million windfall for unperfected security interest because PPSR registration was made against ABN — not ACN
Privacy Commissioner v Telstra Corp Ltd (Grubb case)
General Editor’s note
Volume 16 No 1 — February 2017
Book review: Principles of Equity and Trusts 5th edn
Demands on bank guarantees: High Court says a bank is not required to have regard to the underlying contract
Williams Group Australia Pty Ltd v Crocker — creditors beware: guarantees and e-signatures
Australian Securities and Investments Commission v Drake (No 2) — the ability to exclude or limit a trustee’s duty of care and an examination of the prudent person test
Understanding the impact of the superannuation reforms on child pensions
Room for improvement: responsible lending by mortgage brokers in relation to interest-only loans
General Editor’s note
Volume 1 No 16 — February 2017
Book review: Principles of Equity and Trusts 5th edn
Demands on bank guarantees: High Court says a bank is not required to have regard to the underlying contract
Williams Group Australia Pty Ltd v Crocker — creditors beware: guarantees and e-signatures
Australian Securities and Investments Commission v Drake (No 2) — the ability to exclude or limit a trustee’s duty of care and an examination of the prudent person test
Understanding the impact of the superannuation reforms on child pensions
Room for improvement: responsible lending by mortgage brokers in relation to interest-only loans
General Editor’s note
2016
Volume 15 No 10 — December 2016
Book review: Doping in Sport and the Law
Book review: Principles of Australian Equity and Trusts 3rd edn
Book review: Equity and Trusts 4th edn
Book review: Unjust Enrichment 2nd edn
Legalwise Seminars: Inaugural Credit Law Symposium — 8 and 9 September 2016 — Day 2
Legalwise Seminars: Inaugural Credit Law Symposium — 8 and 9 September 2016 — Day 1
ASIC to review foreign financial services provider class order relief (ASIC CP 268)
Mandatory reporting for privacy breaches
Life insurance reforms update: Code of Practice and ban on conflicted remuneration
Life insurance claims: an industry review ASIC Report 498
General Editor’s note
Volume 15 No 9 — October 2016
Book review: Demand Guarantees: Operation, Enforcement and the Autonomy Principle
Book review: The Assignment of Contractual Rights 2nd edn
Risk management for responsible entities — ASIC’s expectations
Humans need not advise: regulating advice in the digital age
ASIC and add-on insurance
Review and remediation for licensees
General Editor’s note
Volume 15 No 8 — September 2016
Fund liquidity risk management
Court takes broad approach to voting restriction for managed investment schemes
The contractual effect of the Code of Banking Practice: National Australia Bank Ltd v Rose
ASK THE EXPERT What will become of the financial services Bills that were before the last parliament when it was prorogued?
General Editor’s note
Volume 15 No 7 — August 2016
The global investment fund world: an update — Part 2
Challenges and changes for financial services sector
Amending scheme constitutions and the duties of directors of responsible entities
The slow embrace of fraud on the market theory
General Editor’s note
Volume 15 No 6 — July 2016
Book review: The Law of Tribunals
The global investment fund world: an update — Part 1
The role of culture in compliance
The Attorney-General’s review of Australia’s AML/CTF regime — first steps towards a new regulatory landscape
Blockchain: it’s not a revolution, yet
ASIC consults on regulatory sandbox for fintech startups
General Editor’s note
Volume 15 No 5 — June 2016
Impairment of customer loans — a synopsis into the findings of the recent inquiry and the recommendations of the Parliamentary Joint Committee on Corporations and Financial Services set out in the May 2016 report
ASIC’s sandbox — a playground for startups and fintechs
ASIC reviews culture, conduct and conflicts of interest in vertically integrated businesses in the funds-management industry
Update: unfair contract terms — small business
General Editor’s note
Volume 15 No 4 — June 2016
Book Reviews
Book review
ASIC to receive stronger powers and additional funding
New incentives for investors in early stage venture capital funds
ASIC consultation paper 254: Regulating digital financial product advice
General Editor’s note
Volume 15 No 3 — May 2016
Book reviews
AML and correspondent banking risks
Understanding climate change risk: are your clients exposed?
ASIC consultation on proposed review and remediation program guidelines1
Defending claims against financial services professionals — the causal potency of the loss
Update on the implementation of retail life insurance advice reforms — new 2016 draft bill
General Editor’s note
Volume 15 No 2 — March 2016
Getting serious about data breach reporting
Behavioural economics: ASIC puts investors on the couch
Extension of unfair contract term protections to small businesses and recent ASIC guidance
General Editor’s note
Volume 15 No 1 — February 2016
Update on the implementation of retail life insurance advice reforms — new proposed Bill and ASIC consultation on implementation
New equity crowd-source funding (CSF) legislation
Fees and costs disclosure-superannuation and managed investment products: the end of the saga or a new tale in the making?
General Editor’s note
Volume 3 No 10 — December 2016
The superannuation reforms: what the changes mean for accumulators and retirees
Bywater Investments Ltd v Commissioner of Taxation [2016] HCA 45: Be alert, not alarmed
How an integrity measure became a tax concession: the backpacker’s tax
General Editor’s introduction
Volume 3 No 3 — April 2016
The fundamental importance of constitutional rights and non-tax High Court jurisprudence in litigating federal tax cases
Trust law basics — the concept of “present entitlement” in respect of a beneficiary’s share of the income of a trust estate.
The impact of GST on valuations
General Editor’s introduction
Volume 3 No 3 — March 2016
Media law reform in 2016: how much is enough?
Network virtualisation — what will it mean for communications regulation?
Telecommunication security in the age of the Internet of Things
General Editor’s note
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