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Allens Insights

Changes to Regulatory Guide 256

ASIC has released a first-round consultation paper on proposed changes to Regulatory Guide 256: Client Review and Remediation Conducted by Advice Licensees. The proposed changes are substantial, and will apply to new entities including super fund trustees.

Internal emails, multiple recipients and privilege

The recent decision of TEC Hedland Pty Ltd v The Pilbara Infrastructure Pty Ltd indicates that, for the purpose of assessing whether privilege can be claimed, multi-addressee emails will be considered as a number of separate communications between the sender and each recipient.

Coming clean and staying clean continuous disclosure

Historically shareholders have appeared unfazed by news of cyber attacks with the vast majority of them having only a very minor and short-term impact on share prices However a recent study by CGI has found that cyber attacks can have a significant and lasting impact on the market value of a company

Opal Tower defendant not entitled to defence costs

Evolution v Chubb Insurance clarifies that unless a policy contains an advancement of defence costs provision, an insured should not assume it will be entitled to be reimbursed for defence costs as and when they are incurred if there is a debate with the insurer

Insurance sector reform under the FS Reform Bill 2020

After several months of delay due to COVID-19, the Bill implements a large number of the Hayne Royal Commission recommendations, and in particular picks up several of the recommendations that are aimed at reforming the insurance sector.

Breach reporting, remediation and codes

Earlier this year, the Government consulted on an exposure draft Bill that was intended to give effect to a number of recommendations arising from the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry (Royal Commission).  

First Digital Platform Services Inquiry Interim Report

The ACCC recently published the Digital Platform Services Inquiry Interim Report as part of its role in monitoring the impact of digital platforms on competition and consumers. The Interim Report examines the privacy / data handling, competition, consumer and small business implications.

Unravelled: A ‘single default account’

The exposure draft legislation released yesterday for a ‘single default account’ aims to limit ‘the creation of multiple superannuation accounts for employees who do not choose a superannuation fund when they start a new job’.

PNG votes to establish an ICAC

On 12 November 2020, Papua New Guinea’s (PNG) Parliament unanimously passed a Bill to establish an Independent Commission Against Corruption (ICAC). Almost a decade in the making, the successful passage of the Bill is a significant milestone in progressing PNG’s anti-corruption agenda.

In Touch: 02 Competition news

Digital Platform Services Inquiry Interim Report; ACCC proceedings against Agrison alleging false or misleading representations about warranties; appeal on Employsure case; Trivago’s loses appeal; Compare the Market acquisitions of iSelect under review; ADT Security to refund customers/amend terms

Hydrogen is having a moment

The climate emergency is occupying mainstream policy focus in many countries and with the lack of viable alternatives to achieve the levels of deep decarbonisation consistent with net zero targets, clean hydrogen has unprecedented political and industry momentum.

Getting Hy: Hydrogen is having a moment

The climate emergency is occupying mainstream policy focus in many countries and with the lack of viable alternatives to achieve the levels of deep decarbonisation consistent with net zero targets, clean hydrogen has unprecedented political and industry momentum.