Financial Institutions + Services

Articles

New guidance on application of financial services law to cryptocurrency products

By: Stephen Morrissey, Ryan Loney and Jorge Nicholas At a glance In Australian Securities and Investments Commission v Web3 Ventures Pty Ltd [2024] FCA 64 (Block Earner), the Federal Court of Australia handed down one of the first decisions applying existing financial services law to cryptocurrency-based products. The Federal Court held in Block Earner that […]

By : Sina Sangsari Feb 23, 2024 Comments Off

Articles

Get to know Thomas Cavanagh, new partner and financial services specialist

What made you decide to become a lawyer? Other than the usual desire to argue a point with everyone and shows like Boston Legal (aged very poorly, I know), I like the fact that the law is not actually made up of rigid principles but rather can be moulded to suit particular circumstances, and that’s […]

By : Sina Sangsari Nov 3, 2023 Comments Off

Articles

Are CFDs ever a good idea for insurers (or investors)?

The short answer to both questions is no – most of the time. In the words of Beach J of the Federal Court, CFDs are “little more than gambling”. ASIC has also identified that more than 70% of retail clients who trade CFDs lose money. For insurers of financial institutions and professional advisors, CFDs create […]

By : Sina Sangsari Jul 17, 2023 Comments Off

Articles

D&O exposures to climate change risk – a Legalign Global white paper

In the wake of COP26 and the latest Intergovernmental Panel on Climate Change’s report, climate change risks continue to make headlines around the world. An increasingly concerning issue is the rise of D&O liability exposures related to climate change. In this white paper, Legalign Global member firms, including Wotton + Kearney authors Charu Stevenson, Michael […]

By : Sina Sangsari Dec 3, 2021 Comments Off

Articles

The Financial Markets Authority speaks!

Conduct and Culture Two – this time its Fire and General The Financial Markets Authority has released its Insurance Conduct and Culture: Fire and General Insurers Update. The report is a key indicator of the regulator’s views of the industry in the context of the suite of regulation that is coming into full force in […]

By : Sina Sangsari Sep 21, 2021 Comments Off

Articles

Draft amendments to the UCT legislation

The expected changes to the UCT legislation are nearly upon us and have now been released in draft form. The purpose of the draft release is to provide a snapshot of the changes if the bill is passed and provide interested parties the opportunity to consult with the Treasury on the same. Given the bill […]

By : Sina Sangsari Sep 8, 2021 Comments Off

Articles

High Court clarifies it’s all about the employment contract

On 4 August 2021, the High Court handed down its decision in WorkPac v Rossato and unanimously and emphatically overturned the decision of the Full Federal Court. In combination with recent changes to the Fair Work Act 2009 (Cth), the High Court’s decision in WorkPac provides important guidance for employers and their EPL insurers on […]

By : Sina Sangsari Aug 5, 2021 Comments Off

Articles

NSW Court of Appeal offers further guidance on when notified facts give rise to a claim

With the recent Kauter Investments decision, the NSW Court of Appeal has provided further guidance on prior notified facts that might give rise to a claim. In this article, W+K’s Charu Stevenson and Yen Tan examine the implications of this decision for insurers and provide a comparative table of previous authorities as a comprehensive guide […]

By : Sina Sangsari Jul 12, 2021 Comments Off

Articles, Case Alerts, Thought Leadership

Climate change is heating up boardroom risks

Regulators in Australia and around the world are treating climate change as a major systemic financial risk. Given the high levels of regulator scrutiny, investor activity and public interest, it is only a matter of time before significant claims (potentially including securities class actions) are brought against directors and officers who fail to properly consider […]

By : Sina Sangsari May 31, 2021 Comments Off

Articles, Video

Emerging Talent Series 2020/2021

The insurance sector attracts and retains young professionals who are hungry for relevant, regular learning and education opportunities. To help further their careers, W+K has put together a multi-part Emerging Talent Series addressing both Property & Energy and General Liability claims issues.

By : Sina Sangsari May 24, 2021 Comments Off

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