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Insights
Insights
Practical commentary on financial services regulation, disputes, cyber, privacy and commercial law.
9 reasons your TMD might be defective
Despite the industry-wide effort that went into the FSC standardised template for Target Market Determinations, including extensive consultation with...
Anti-Hawking: What’s changing?
Anti-hawking regulation is nothing new, in fact the current regulations came into effect in 2002, and have always (basically) prohibited businesses...
ASIC Breach Reporting Changes
ASIC’s impending changes to the breach reporting regime (as detailed in Consultation Paper 340 and draft Regulatory Guide 78) are due to take effect...
Complex Debt Matters
Recovering large or old debts can be a challenging exercise for any individual, company or business owner. Some of the key challenges include unique...
Compliance Outsourcing: A Model that Works
For many organisations, finding and retaining experienced compliance staff is becoming increasingly challenging. The quality of mid to senior level...
Cyber risk management: now a core AFSL obligation
The decision in ASIC v RI Advice Group has wide-reaching implications for AFSL holders, and should prompt many to review their cyber-security...
Duty of disclosure: what’s changing?
The result of another Royal Commission recommendation, as of 5 October 2021, insurance sold to retail will no longer benefit from the protection of...
AFCA Guide, Not a Level Playing Field
The complaint resolution scheme administered by the Australian Financial Complaints Authority was already one of the key factors that made providing...
Our approach to costs in disputes
For any client with a dispute, costs will be a key concern, which makes it a key concern for...
Cloud Services: Why using the cloud doesn’t make you ‘Cyber-safe’
Many companies believe that using the "Cloud" transfers all of their cyber risk to the provider - but this is simply not true. Companies have many of...
Unfair contracts changes: wider scope and new penalties
Following the changes to the Australian Consumer Law (ACL) that took effect on 9 November 2023, businesses can incur fines as large as $50 million if...
Why should you participate in ASIC’s Cyber Pulse Survey?
It is not often that you get a chance to benchmark your business against the industry and ASIC’s position in a core regulatory risk area (especially...