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Australian Financial Services Regulatory Update | Q3–Q4 2022

This edition of the Update covers: Recent legal and regulatory developments, including guidance to APRA-regulated entities following the cyber attacks on Medibank and Optus, the release of the inaugural Climate...more

Australian Financial Services Regulatory Update - August 2022

This edition of the Update covers: - Recent legal and regulatory developments, including the commencement of cyber security incident notification obligations for critical financial market infrastructure assets, AUSTRAC's...more

Australian Corporate Conduct Regulator Releases Guidance on Greenwashing Risks

In Short - The Situation: The Australian Securities and Investments Commission ("ASIC") has released guidance to superannuation and managed funds as to how to avoid the risk of greenwashing when promoting...more

Australian Financial Services Regulatory Update - June 2022

This edition of the Update covers:  Recent legal and regulatory developments, including the release of regulatory guidance on crypto asset-related investment products, the imposition of additional licence conditions on the...more

The Return of ASIC Court Enforceable Undertakings: Devil in the Detail

ASIC's Approach to CEUs Prior to the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry ("Royal Commission"), ASIC routinely accepted CEUs as a form of administrative settlement...more

Australian Financial Services Regulatory Update - December 2021

This edition of the Update covers: KEY LEGAL AND REGULATORY DEVELOPMENTS Regulatory Priorities ASIC and APRA Release Their Corporate Plans for 2021-25 On 26 August 2021, the Australian Securities & Investments Commission...more

A New Mandate: ASIC’s Corporate Plan for 2021-25

Overhaul of ASIC's Internal Governance Framework ASIC's Corporate Plan for 2021-25 is the first of its kind released under new Chair Joseph Longo and new Deputy Chair and Head of Enforcement Sarah Court, who each started in...more

Australia's Full Federal Court Affirms That Judicial Impartiality Overrides Case Management Considerations

The Situation: It is increasingly common for Australian class actions to be brought by private plaintiffs at the same time as regulatory proceedings are brought by Australia's corporate, competition and other regulators in...more

ASIC Doubles Down on Civil Penalty Proceedings Against Industry Superannuation Funds

REST and Statewide Superannuation become the first industry superannuation funds to be caught in the crosshairs of ASIC's "why not litigate" approach to enforcement. The Australian Securities and Investments Commission...more

ASIC's New Corporate Plan Covers Next Four Years

Australia's corporate regulator has released its Corporate Plan, which outlines its strategic litigation goals and governance initiatives over the next four years. On 31 August 2020, the Australian Securities and...more

Another Reason for ASIC Not to Litigate

The Situation: Australia's corporate regulator, the Australian Securities and Investments Commission ("ASIC") brought proceedings against two former directors of Tennis Australia ("TA") alleging that they engaged in numerous...more

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