In the media – National
Superannuation changes: Turnbull ponders next step amid
backbench threats
MEDIA – 22 July 2016 – PM says he is looking at
altering 'implementation aspects' of his proposal to
introduce a lifetime cap, has acknowledged "some transitional
issues" around the backdated $500,000 lifetime
non-concessional cap on superannuation balances, but insists the
substance of the policy will remain.
More...
PS retirees call for super action
PS MEDIA – 22 July 2016 – The association representing
retired members of the Australian Public Service (APS) has called
on the re-elected Federal Government to launch a wide-ranging
review into superannuation.
More...
Independent body will make new standards simpler:
FPA
MEDIA – 22 July 2016 – The establishment of an
independent standards body will make the professional standards
transition clearer and easier to comply with, according the
Financial Planning Association (FPA) chief
executive Dante De Gori. More...
Regulator issues new risk management
guidance
MEDIA – 22 July 2016 – Responsible entities of managed
funds are receiving further guidance around risk management as ASIC
aims to ensure adaptability in changing market conditions. The
proposed guidance does not impose new obligations on responsible
entities but gives more detailed guidance on how they may comply
with current obligations. More...
ASIC consults on proposed guidance on risk
management
ASIC – 21 July 2016 – ASIC today released a
consultation paper and proposed regulatory guidance on risk
management practices for responsible entities in the managed funds
sector.
More...
ASIC consults on 'sunsetting' class order about
nominee and custody services and proposed changes to platforms
policy
ASIC – 21 July 2016 – ASIC today released a
consultation paper proposing to remake its class order on nominee
and custody services, which is currently due to expire
('sunset') on 1 April 2017, and proposed changes to
platforms policy. ASIC proposes to remake the class order with
changes.
More...
Council of Financial Regulators report on the
implications of Brexit
TREASURY – 21 July 2016 – The Treasurer today released
the Council of Financial Regulators (CFR) report
of 7 July to the Government on the economic implications of the
United Kingdom's (UK) vote on 23 June 2016 in
favour of exiting the European Union (EU).
More...
CP 264 Remaking ASIC class order on nominee and custody
services and proposed changes to platforms policy
ASIC – 21 July 2016 – This consultation paper sets out
ASIC's proposal to remake, with changes, Class Order [CO
02/295] Nominee and custody services, which is due to expire on 1
April 2017. Under the Legislation Act 2003, this class
order will expire ('sunset') if not remade. Comments due 1
September 2016.
More...
CP 263 Risk management systems of responsible entities:
Further proposals
ASIC – 21 July 2016 – Consultation Paper 263 and the
proposed guidance builds on the proposals in Consultation Paper 204
Risk management systems of responsible entities (
CP 204). The proposed guidance does not impose new obligations
on responsible entities but gives more detailed guidance on how
they may comply with their current obligations under s912(1)(h) of
the Corporations Act. Comments due 1 September 2016.
More...
ASIC remakes and repeals 'sunsetting' class
orders on trustee company common funds
ASIC – 20 July 2016 – Following public consultation,
ASIC has finalised an Instrument to maintain relief concerning the
entities to which client money can be deposited under s981B of the
Corporations Act. The Instrument replaces ASIC Class Order [CO
04/1063] Section 981B money in cash common funds due to sunset on 1
April 2017.
More...
Financial industry wants longer government
terms
MEDIA – 20 July 2016 – The Financial Services Council
has suggested extending federal government terms to four or five
years to reduce short-term political pressures holding up crucial
industry reform.
More...
APRA's Helen Rowell says super failing on
members' insurance
MEDIA – 20 July 2016 – APRA deputy chair Helen Rowell
said on Wednesday she wanted to see more focus from funds on the
design and pricing of the life, disability and income protection
insurance products most workers are automatically signed up to via
their employer-nominated super fund.
More...
Certainty and stability important for superannuation:
ASFA
ASFA – 19 July 2016 – The Association of Superannuation
Funds of Australia (ASFA) has today welcomed the
re-appointment of Kelly O'Dwyer as Minister for Revenue and
Financial Services and looks forward to working with the Turnbull
Government to bring about the best possible outcomes for
superannuation fund members.
More...
Minister O'Dwyer urged to ensure super changes are
workable and well-communicated
ASIT – 18 July 2016 – AIST today welcomed the
appointment of Kelly O'Dwyer as Minister for Revenue and
Financial Services.
More...
Bank industry reviewer says he will hold big four
'to account'
MEDIA – 15 July 2016 – The former Commonwealth
auditor-general defends his new role overseeing reforms in the
banking industry to address a series of financial scandals.
More...
Supreme Court battle prompts call for
'retrospective' fund for financial victims
MEDIA – 14 July 2016 – A Supreme Court case involving a
financial planner underscores the need for a fund of last resort
for people who have lost money through poor financial advice.
More...
ASIC consultation: regulatory sandbox licensing
exemption
ASIC – 8 June 2016 – ASIC has identified some barriers
faced by new financial technology (fintech)
businesses seeking to enter the financial services market. ASIC
encourages members of the financial services and fintech industry
and consumers to make a submission on the consultation paper.
Closing date for submissions on CP 260 is 22 July 2016.
More...
Cases
Wild
v Ronnoco Group & Anor [2016] QDC 181
PROCEDURE – SUMMARY JUDGMENT – Application by
defendant/employer – where plaintiff/employee notified
defendant/employer of the chosen fund for superannuation
contribution – where the defendant/employer mistakenly made
contributions into the account of a different employee with a
different fund – where plaintiff then sought unsuccessfully
to claim on the insurance associated with the fund into which the
contributions were wrongly paid – where plaintiff claims
against the defendant for the loss of an opportunity to have made a
claim on that fund – where contributions mistakenly paid into
that fund have been recovered and the plaintiff has otherwise
successfully claimed under the insurance policy associated with a
fund of which she was already a member – Whether any real
prospects of success or any need for a trial.
Legislation – Commonwealth
ASIC Corporations (Repeal) Instrument
2016/675
This instrument repeals ASIC Class Orders [CO 00/199] and [CO
04/1063] effective 20 July 2016. Registered: 18 July 2016.
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.
