ASIC is coming for your responsible managers
A key obligation of an AFSL holder is to maintain the competence to provide the financial services covered by its licence.[1] ASIC refers to this obligation as the “organisational competence obligation.” In order to comply with this obligation, Regulatory Guide 105: Licensing: Organisational competence (RG 105) provides that the licence holder must nominate Responsible Managers […]
ReadmoreCorruption and Integrity Update – November 2022
This month’s Corruption and Integrity Update features details of the National Anti-Corruption Commission legislation recently passed, the Commission of Inquiry into the Queensland Police Service’s responses to domestic and family violence final report, details on the implementation of the recommendations arising from the Fitzgerald 2.0 report and updates on both the Public Sector Bill 2022 […]
ReadmoreCorruption and Integrity Update – October 2022
This month’s Corruption and Integrity Update considers the progress made towards the National-Anti-Corruption Commission (NACC), including where money is being directed under the latest budget; the Royal Commission into Robodebt which has just commenced public hearings; recent Queensland Integrity Reforms; and a status update from the Queensland Auditor-General. National Anti-Corruption Commission (NACC) Joint Select Committee […]
ReadmoreQueensland Occupational and Professional Disciplinary Update
The end of September saw the tabling of a series of Annual Reports to the Queensland Parliament. Within these reports were details from the various regulators operating in the occupational and professional disciplinary space that plays out across the Queensland Civil and Administrative Tribunal (QCAT), the Magistrates Court of Queensland and related jurisdictions. We have […]
ReadmoreCorruption & Integrity Update – September 2022
This month’s Corruption & Integrity Update contains a summary of the keenly-awaited National Anti-Corruption Commission Bill, details on the proposed Federal Judicial Commission, highlights from the various annual reports recently published by a number of Queensland’s integrity agencies and provides a recap on the latest information coming out of the Commission of Inquiry into Forensic […]
ReadmoreCorruption and Integrity Update – Updates from the ALRC, Legal Affairs and Safety Committee, as well as Carne v CCC
This month’s edition of the Corruption and Integrity Update considers the Australian Law Reform Commission’s (ALRC) report, Without Fear or Favour: Judicial Impartiality and the law on Bias. We also dive into the decision in Carne v Crime and Corruption Commission [2022] QCA 141 and highlight updates from the Legal Affairs and Safety Committee. ALRC […]
ReadmoreCross border insolvencies – Federal Court makes life easier for liquidators and creditors of New Zealand construction company
In Kellow, Re Advanced Building & Construction Ltd (In Liq) v Advanced Building & Construction Ltd (In Liq) (No 2) (Kellow) the Court considered whether an insolvency proceeding commenced in New Zealand should be recognised as a “foreign main proceeding” pursuant to the United Nations’ Commission on International Trade Law’s Model Law on International Trade […]
ReadmoreCorruption and Integrity Update | Fitzgerald Report 2.0: Key findings and recommendations
The much-awaited report by the Honourable Tony Fitzgerald AC QC and the Honourable Alan Wilson QC of the Commission of Inquiry relating to the Crime and Corruption Commission (CCC) has just been released. In our opinion, the most significant recommendation requires the Crime and Corruption Commission to seek the opinion of the Office of the […]
ReadmoreCorruption and Integrity Update – Updates on the Coaldrake Report and corrupt conduct in the Queensland public sector
This month’s edition of the Corruption and Integrity Update provides an update on the implementation of the recommendations arising out of the Coaldrake Report and considers recent developments in publicly-released integrity investigations. We also recap the progress towards a federal anti-corruption commission. Coaldrake Report – Updates from the 26 July 2022 Estimates Committee Hearing At […]
ReadmoreDirectors beware – personal recovery orders made where director’s duties breached
In the matter of Bryve Resources Pty Ltd [2022] NSWSC 647, the Court accepted the liquidator’s evidence of alleged breaches and found the company’s sole director breached his director’s duties, including failing to act with due care and skill, or in the best interest of the company and its creditors, when allowing the company to […]
ReadmoreCorruption and Integrity Update | Updates from the CCC, and the release of the final report from the Coaldrake Review
This month’s edition of the Corruption and Integrity Update considers new corruption prevention resources released by the Crime and Corruption Commission (CCC); the CCC’s call for submissions on influencing practices in Queensland; and the CCC’s release of its investigation into allegations of disclosure of confidential information at the Integrity Commissioner. We also dive into the […]
ReadmoreA cold winter for the A Team – Court freezes funds and assets
Between 31 May 2022 and 7 June 2022, ASIC obtained three freezing orders against the Mr Hopkins and his companies. In doing so, the Federal Court of Australia ordered: 1) the Defendants’ assets be frozen; 2) the disclosure of existing assets to the Court; 3) the appointment of a receiver over digital assets; and 4) […]
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