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Once more unto the breach: ASIC finalises its guidance for the new breach reporting regime

Financial Services| 13 Sep 2021

Once more unto the breach: ASIC finalises its guidance for the new breach reporting regime

ASIC has now published its updated and final guidance on the new breach reporting regime for AFS and credit licensees that will apply from 1 October 2021.

‘Why litigate?’ Financial services regulatory enforcement in the wake of ASIC’s new Corporate Plan

Banking & Finance| 30 Aug 2021

‘Why litigate?’ Financial services regulatory enforcement in the wake of ASIC’s new Corporate Plan

In this update, we explore the changes that financial services businesses can expect to see in ASIC’s approach to exercising its investigative and enforcement functions and powers.

Waived on through: Federal Court highlights the fine distinctions that govern waiver of privilege

Litigation & Dispute Resolution| 28 Jul 2020

Waived on through: Federal Court highlights the fine distinctions that govern waiver of privilege

In a recent case highlighting the risks of waiver of legal professional privilege, the Federal Court has observed that fine distinctions may be involved when determining whether privilege has been lost.

Director’s share trading scheme breaches fiduciary duties, but accessorial liability claims rejected

Corporate Governance & Directors’ Duties| 07 Mar 2019

Director’s share trading scheme breaches fiduciary duties, but accessorial liability claims rejected

A recent Federal Court decision recognises the expansive reach of the statutory and fiduciary duties owed by company directors. However, the company’s unsuccessful attempt to hold third parties liable as accessories to its director’s breaches of statutory duties ...

Another day, another financial services inquiry – non-bank lenders now in the Senate spotlight

Litigation & Dispute Resolution| 22 Oct 2018

Another day, another financial services inquiry – non-bank lenders now in the Senate spotlight

The announcement on Wednesday 17 October 2018 of a Senate inquiry into “credit and financial services targeted at Australians at risk of financial hardship” continues the current forensic examination into the state of financial services in Australia.