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  • Article

    ASIC updates guidance on breach reporting - are you up to date?

    AFS licensees must update breach reporting procedures, as non-compliance with the regime carries significant penalties.
    AustraliaFinance and Banking
    McMahon Clarke
    McMahon Clarke
  • Article

    ASIC calls on product issuers to 'lift their game'

    Report 762 outlines ASIC's response to its review of how investment product issuers are meeting their DDO obligations.
    AustraliaFinance and Banking
    McMahon Clarke
    McMahon Clarke
  • Article

    Queensland Sustainability Forum—Compliance in a sustainable world

    ASIC's and the ACCC's crackdown on greenwashing reveal important lessons for avoiding greenwashing in real estate.
    AustraliaReal Estate and Construction
    McMahon Clarke
    McMahon Clarke
  • Article

    Managed investment scheme review – read our submission

    Outlines this practice's formal submission to Treasury's review of the regulatory framework for MISs.
    AustraliaFinance and Banking
    McMahon Clarke
    McMahon Clarke
  • Article

    Compliance Committee Forum Webinar, June 2023

    The recent Compliance Committee Forum webinar included updates for fund managers and a discussion on greenwashing.
    AustraliaFinance and Banking
    McMahon Clarke
    McMahon Clarke
  • Article

    Managed investment scheme (MIS) consultation paper poses critical questions

    The MIS review consultation paper reveals some critical questions which could impact all industry stakeholders.
    AustraliaFinance and Banking
    McMahon Clarke
    McMahon Clarke
  • Article

    ASIC cyber pulse survey now open

    The survey is designed to assist ASIC-regulated corporates analyse their cyber security protocols.
    AustraliaFinance and Banking
    McMahon Clarke
    McMahon Clarke
  • Article

    Key reforms to Queensland body corporate laws

    Proposed reforms aim to make it easier to sell and redevelop ageing or rundown community titles schemes.
    AustraliaReal Estate and Construction
    McMahon Clarke
    McMahon Clarke
  • Article

    ASIC continues crackdown on DDO compliance

    ASIC is on the record as saying it is stepping up surveillance in this area, including in the managed funds sector.
    AustraliaFinance and Banking
    McMahon Clarke
    McMahon Clarke
  • Article

    Challenges for lenders to prove insolvency

    The case highlights challenges faced by lenders to prove insolvency and establish liability for misrepresentation.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    McMahon Clarke
    McMahon Clarke
  • Article

    ASIC continues crackdown on DDO (Design and Distribution Obligations) compliance

    Financial product issuers and distributors need to focus on getting their DDO systems and processes compliant.
    AustraliaFinance and Banking
    McMahon Clarke
    McMahon Clarke
  • Article

    Privacy Act Review Report—latest update

    Overview of the most pertinent changes to privacy laws & the effect they may have on consumers and businesses.
    AustraliaPrivacy
    McMahon Clarke
    McMahon Clarke
  • Article

    Australia's carbon credit scheme — demand and interest grows

    The creation and acquisition of carbon credits is Australia's key to achieving targets for greenhouse gas emissions.
    AustraliaEnvironment
    McMahon Clarke
    McMahon Clarke
  • Article

    Fundamental – Issue 43

    The final part of a series about developer run projects and development management agreements.
    AustraliaReal Estate and Construction
    McMahon Clarke
    McMahon Clarke
  • Article

    AFCA determinations — ignore at your peril

    If an AFCA determination is accepted by the consumer, it is automatically binding on the AFS licensee.
    AustraliaFinance and Banking
    McMahon Clarke
    McMahon Clarke
  • Article

    Reducing the burden of AML/CTF independent reviews

    What does an independent review involve? Approach for low-risk entities. Are you meeting you AML/CTF obligations?
    AustraliaFinance and Banking
    McMahon Clarke
    McMahon Clarke
  • Article

    Busting the myth - CCIVs are just about raising foreign capital

    The CCIV regime is an alternative to managed investment schemes (MIS) for the Australian managed funds industry.
    AustraliaFinance and Banking
    McMahon Clarke
    McMahon Clarke
  • Article

    Busting the myth that CCIVs (Corporate Collective Investment Vehicles) are just about raising foreign capital

    With a company structure, there are many benefits that make the CCIV attractive to domestically focussed fund managers.
    AustraliaFinance and Banking
    McMahon Clarke
    McMahon Clarke
  • Article

    When is a director liable for non-party costs?

    Outlines key considerations when making a non-party costs order against a director.
    AustraliaLitigation, Mediation & Arbitration
    McMahon Clarke
    McMahon Clarke
  • Article

    Directors' liability for the acts of a responsible entity

    In Sugarloaf Hill Nominees Pty Ltd v Rewards Projects Ltd [2011] WASC 19, the Western Australian Supreme Court recently had to consider the law relating to a director's liability for the acts of the responsible entity in circumstances where the responsible entity was being sued by investors in a scheme who had lost their capital.
    AustraliaCorporate/Commercial Law
    McMahon Clarke
    McMahon Clarke

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