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Date posted: 08/10/2018
In this issue: ASIC finally approves the Australian Financial Complaints Authority rules ASIC reminds financial firms about the need to join AFCA by 21 September 2018 but then gives a limited extension ASIC releases report on reverse mortgage lending in Australia Royal Commission sharpens focus on life insurance industry ASIC prescribes three year period for credit card responsible lending assessments ASIC to update Regulatory Guide 209 (responsible lending) Westpac admits to breaching responsible lending obligations when providing home loans and a $35 million civil penalty Royal Commission releases its interim report Read more
Date posted: 08/10/2018
Significant increases to financial penalties under the Australian Consumer Law commence – disregard at your peril! Read more
Date posted: 24/08/2018
This update looks at the current state of play and details the mechanism to make the transition to AFCA. Entities required to be members of AFCA are referred to as ‘financial firms’. Read more
Date posted: 20/08/2018
On 1 July 2018, the Treasury Laws Amendment (2018 Measures No) Bill 2018 came into effect. The Bill introduced changes affecting both vendors and purchasers of all residential property. It is particularly relevant to the sale and purchase of off-the-plan units and house and land packages. As a result, it is now more important than ever to consider the GST implications when buying or selling residential real estate. Read more
Date posted: 17/08/2018
Question When is an eagle a financial product? Answer When ASIC, by regulation, declares it to be (under its new proposed power to declare 'anything' to be a financial product). Read more
Date posted: 20/06/2018
In proceedings before the Federal Court of Australia and the state Supreme Courts where an application is made pursuant to sections 459P and 459Q of the Corporations Act (Cth) (“Act”) for orders winding up a company, the appointment of an Administrator often results in the Administrator seeking an adjournment of winding up proceedings. Read more
Date posted: 24/05/2018
On 10 May 2018, Mahony DCJ delivered a judgment in favour of the Defendant in the District Court of New South Wales concerning a claim for work injury damages by a former police officer. Read more
Date posted: 16/04/2018
Recently Nick Miller sat down with Heather Dawson of Business Essentials to discuss mergers and some of the key points to consider, legal and otherwise, when preparing a business for a merger. Read more
Date posted: 28/02/2018
The Australian Border Force (ABF) has released a statement setting out its compliance priorities for 2018. While each importer and exporter will have its own unique risk areas, the statement by the ABF highlights the areas that should be given closest attention. Read more
Date posted: 28/02/2018
If business dealings were predictable and everything went perfectly, we wouldn't need contracts. Often a contract is signed and buried in a drawer only to be seen again if the parties are in dispute. When that time comes your contract is worthless if it is not enforceable. Read more
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