Hall and Wilcox

Funds management

Advisers’ private credit usage under ASIC scrutiny

The volume that financial advisers have invested in private credit funds could be among disclosures that providers have to make to ASIC amid a regulatory crackdown on pri...

Financial planning

Why a robust paper trail is crucial for compliance

As AFSLs endeavour to meet their breach reporting obligations, a legal expert has emphasised why robust documentation will prove fruitful, particularly in the face of pot...

Financial planning

Do licensees always need to ‘take all reasonable steps’?

A Federal Court ruling on whether licensees need to ‘take all reasonable steps’ regarding conflicted remuneration could extend to other parts of the advice process, accor...

Policy & Regulation

The difficulty of monitoring crypto assets

ASIC now has a 1:1 ratio when it comes to court success in the enforcement of crypto activities and more action is expected as Treasury seeks to introduce a regulatory fr...

Financial planning

Enforceable undertaking rise highlights ASIC’s return to litigation era

The fact there has already been two enforceable undertakings this year, including one from a former adviser, compared to just five in 2023 indicates ASIC is returning to ...

Policy & Regulation

US and UK-style restrictions unnecessary for MISs

Proposals to place US or UK-style restrictions on products in the Australian managed investment schemes would be “radical” when ASIC already has significant product inter...

Features

Drowning in compliance

There is a raft of compliance obligations coming into place over the next few months and advisers need to ensure they have all their ducks in a row to avoid any breaches,...