ARTICLE
25 September 2024

Regulatory Radar Q2 2024

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Gilchrist Connell

Contributor

Gilchrist Connell, a top Australian insurance law firm with five offices, distinguishes itself through its innovative legal services approach. Their 'Listen – Engage – Solve' mantra ensures thorough understanding of client issues, effective stakeholder engagement, and timely, customized solutions at fair prices.
Commentary on various regulatory issues.
Australia Finance and Banking

ASIC's first UCT enforcement action dismissed

In March 2024, the Federal Court of Australia handed down its decision of ASIC v Auto & General, finding in favour of the
insurer, Auto & General. This is ASIC's first enforcement action against an insurer since the unfair contract terms regime was extended to apply to insurance contracts in 2021, that the Federal Court's decision is subject to an appeal by ASIC.

Financial Accountability Regime

In the most recent FAR development, APRA and ASIC have issued a joint Information Paper for all industries to help accountable entities and accountable persons understand and comply with their obligations and provide an overview on how the regulators will jointly administer the FAR.

Quality of Advice Review

Following the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry, the Australian Government agreed to conduct a review to consider how the regulatory framework in Australia could better enable the provision of high quality, accessible and affordable financial advice for retail clients.

Mandatory climate-related disclosure regime

While the mandatory climate-related disclosure regime remains under consideration by the government, we wrap up the latest developments including delayed commencement dates, changes to directors' declarations, and debates in parliament regarding the scope of the legislation for the regime.

Insurtech trend: parametric insurance

Over recent years, businesses around the world have become increasingly vulnerable to risks arising from climate-driven extreme weather and supply chain interruptions, which in
turn have flow on effects, impacting revenue and profits across many industries. Is parametric insurance the way forward?

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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