Ready or not: How to prepare your organisation for a data breach

From

Cyber-attacks and other data breaches are, unfortunately, inevitable. But there are key steps every organisation should take to prepare for when the inevitable happens. Responding to a significant cyber incident

continue reading

“Have you tried turning it off and on again?” – A review of the decision in ASIC V Ri Ad

From

On 5 May 2021, the Federal Court handed down a landmark decision in Australian Securities and Investments Commission v RI Advice Group Pty Ltd (2022) FCA 496 by declaring that

continue reading

Who watches The Watchmen? We do – a review of the ASIC Enforcement Update

From

On 28 March 2022 the Australian Securities and Investments Commission (ASIC) released Report 722 ‘ASIC Enforcement Update July to December 2021’ (Report 722). In this article, we: review the key

continue reading

Financial Services and Credit Panel – with great power comes great responsibility

From

ASIC has released a consultation paper[1] on what matters should be heard by the Financial Services and Credit Panel and how it will assess an adviser as a fit and proper person.

continue reading

Who Would Be An AFSL? – The Court’s Review Of Section 961L

From

On 2 August 2021, the Federal Court handed down its decision in the matter of Australian Securities and Investments Commission v RI Advice Group Pty Ltd (No 2) (2021) FCA 877. Background

continue reading

A winter change is coming – fee consent and lack of independence

From

Courtesy of the latest round of Royal Commission legislation[1], from 1 July 2021 financial advice firms need to update their Financial Services Guides (FSGs), Ongoing Service Agreements and Financial Disclosure Statements (FDSs). The

continue reading

Breach reporting is about to become more onerous

From

A new breach reporting regime will commence on 1 October 2021 and it will be more onerous on licensees than ever before. One of the most notable changes is that

continue reading

History repeats – The risks of inadequate due diligence

From

Exposure to historical non-compliance can be fatal for purchasers but many don’t include it in their due diligence. ASIC is on the warpath and you can be liable even if

continue reading

How Covid-19 has affected reforms to wealth businesses

From

With the ongoing COVID-19 pandemic, it’s fair to say that regulators and businesses have shifted their priorities. Timelines for legislative reforms driven by the Hayne Royal Commission and licence applications

continue reading

FASEA Code of Ethics – what you need to know

From

We’re well into 2020 and the FASEA Code of Ethics (the Code) is currently in force. What should advisers and licensees be doing to make sure they comply with the Code?

continue reading