Legal insights
We strive to optimise value for our clients, and apply our legal insights and commercial advice to best support our clients’ needs. Our expert practitioners provide updates and insights into the areas of law in which we work on an ongoing basis. We think differently to most other law firms, and are recognised as a ‘go-to’ firm for legal insights and expertise. We regularly publish updates and articles on a range of legal topics and industry sectors.
22-349MR ASIC’S Enforcement and Regulatory Update July to September 2022
On 12 December 2022, ASIC released its updated quarterly report (REP 753) that outlined its key actions undertaken
ASIC updates its guidance on SMSF advice
By the end of 2022, ASIC had undertaken an internal review of its Self-Managed Superannuation Funds (SMSF) information
ASIC issues more infringement notices for greenwashing
An important issue that ASIC is currently facing is the deterrence of greenwashing practices across the Australian business
BTI 2014 LLC v Sequana SA and Others: United Kingdom Supreme Court relies on Australian case law to settle question on Director’s duties
In BTI 2014 LLC v Sequana SA and Others, the United Kingdom Supreme Court considered a case on
Block trading breach! ASIC’s Markets Disciplinary Panel hands down $222,000 penalty to ABN AMRO
On 7 September 2022, ASIC announced that its Markets Disciplinary Panel (MDP) had issued an Infringement Notice having
Sanderson, in the matter of Jabaluka Pty Ltd (in liq) [2022] FCA 1012: Federal Court considers application for appointment of receiver of a corporate trust
Jabaluka Pty Ltd (Jabaluka) was the Trustee of the Morgan Unit Trust, which operated an IGA Supermarket (the
Mortgagee in possession sale causes Manda-monium – a tale of section 420A obligations in the COVID-19 era
In the first reported final decision that has considered the effect of COVID-19 lockdowns on the property market
Corruption and Integrity Update – December 2022
This month’s Corruption and Integrity update includes an overview of the final report from the Forensic DNA Commission
ASIC is coming for your responsible managers
A key obligation of an AFSL holder is to maintain the competence to provide the financial services covered
Buy Now Pay Later Options Paper: The reforms start to take shape
On 21 November 2022, the Buy Now Pay Later (BNPL) options paper was released by Treasury for public
APRA’s letter on the review of the prudential framework for groups
On Monday 24 October 2022, John Lonsdale, the APRA Deputy Chair, issued a letter to all APRA-regulated entities
Insights learnt from APRA’s Risk Culture Survey
On 10 November 2022, APRA released the results from their most recent risk culture survey. The survey was
