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Recent Articles

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 (...
13 February 2019

Credit Distribution

The Final Report has made a number of recommendations that aim to address issues that exist within intermediated lending, with a particular focus on mortgage brokers. This article focusses on home lending. Please see Banking and Credit (General) for our discussion about the recommendations relating...
13 February 2019

Financial Advice and Distribution

The Final Report of the Royal Commission has been released and its recommendations will fundamentally change financial advice and the distribution of financial products.
13 February 2019

Fund and asset management: Getting back to basics

The Final Report contains a series of recommendations which, when implemented, will require fund and asset management firms to reassess their distribution channels and revisit their culture, governance and remuneration arrangements.
13 February 2019

Superannuation and group life insurance

The Royal Commission was widely expected to bring the superannuation industry to its knees, and certainly there are findings that make sobering reading. How some of those play out over the coming months and years remains to be seen.
13 February 2019

Insurance

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

GERMAN FCO FORCES FACEBOOK TO CHANGE ITS DATA COLLECTION POLICY

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.
11 February 2019

Policyholder Insurance Highlights 2018

Read our assessment of the key lessons for insurance policyholders from last year’s top cases.
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: David Aven v Costa Rica: Key takeaways for foreign investors to consider when resorting to investor-state arbitration in environmental disputes

Investment disputes related to environmental protection can sometimes imply a tension between a state's obligation to protect its natural resources from environmental harm and its desire to promote foreign investment. Historically, environmental regulation has been thought to be inconsistent with...
07 February 2019

Inside arbitration: spotlight on Florencia Villaggi

Florencia Villaggi is a senior associate in our International Arbitration group, specialising in Latin American work. An Argentinian national, she qualified and practised in her home country for six years, before winning a UK Government scholarship to pursue a Master's degree in London. Although...
07 February 2019

Financial Services Industry Royal Commission - Final Report

The Final Report of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry was released to the public just after 4.00pm on 4 February 2019.
07 February 2019

Inside Arbitration: Enforcement of foreign arbitration awards in Latin America

Enforcement proceedings can be of the utmost significance in international arbitration. If a losing party does not make voluntary payment after an award has been made against it, the award will be meaningless if it cannot then be enforced against the losing party's assets. To avoid such a pyrrhic...