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13 February 2019


The Royal Commission’s final report has endorsed much of the existing legislative and reform proposals for the insurance industry.
13 February 2019


13 February 2019

LIBOR Is Being Overtaken: Will It Be a Car Crash?

This article considers the background and current market developments relating to the discontinuation of LIBOR. It examines the potential litigation likely to arise for legacy contracts and the alternative contractual fall-back provisions that are being proposed. Finally, it analyses the four...
13 February 2019

Financial Services: In the wake of the Royal Commission…

While the Financial Services Royal Commission was a watershed inquiry for the industry, the industry is well accustomed to constant scrutiny and reform.
13 February 2019

Governance: The new age of leadership

Recent shareholder action against executive remuneration, the expansion of APRA’s ambit to include a greater focus on culture and remuneration, the introduction of the BEAR and the rise of the “community expectations” standard shows the new microscope penetrating boardrooms and the upper echelons...
13 February 2019

Community expectations are here to stay

To deny the role that community expectations will play post-Royal Commission is, with respect, a flat-Earther perspective.
13 February 2019

The Regulators

The Final Report has been released and for those who followed the public hearings, the recommendations are not surprising. The regulators, ASIC and APRA, have been given increased regulatory scope and more tools to regulate. The key question is, following on from the Final Report, where next for...
13 February 2019

Banking and Credit (General)

The recommendations made in relation to banking and credit more generally were in some regards unsurprising and minor, relative to the responsible lending recommendations and credit distribution recommendations , both of which went to the crux of Commissioner Hayne’s “four observations”.
13 February 2019

Responsible Lending: “Apply the law as it stands!”

The law is correct, now you must learn to follow it. That is the message from Commissioner Hayne regarding the consumer lending laws and responsible lending practices of Australia's banks. Despite being "urged" by consumer advocacy groups to alter the National Consumer Credit Protection Act 2009 (...
12 February 2019

Anti-trust regulators — armed and ready to intervene

The number of merger control regimes worldwide is on the rise: there are already over 120 and the list is growing
11 February 2019

Policyholder Insurance Highlights 2018

Read our assessment of the key lessons for insurance policyholders from last year’s top cases.
11 February 2019


Facebook's collection and combining of data from third party websites and apps (including WhatsApp and Instagram) deemed abusive.
11 February 2019

FSR Insights - 2019 Outlook

Herbert Smith Freehills' Financial Services Regulatory ( FSR ) team surveys the regulatory landscape in 2019 and identifies some themes we expect to be at the core of regulatory priorities globally in the next 12 months.
08 February 2019

ACCC Residential Mortgage Price Inquiry Final Report

On 11 December 2018, the Australian Competition and Consumer Commission ( ACCC ) released its final report into the Residential Mortgage Price Inquiry. 1
07 February 2019

Inside Arbitration: An interview with Alexis Mourre, President ICC International Court of Arbitration

The International Chamber of Commerce (ICC) is one of the main international arbitral institutions. Indeed, in the 2018 Queen Mary survey on the evolution of international arbitration, the ICC had a pre-eminent position as the preferred institution of 77% of respondents. In this issue of Inside...