Our Insights

The Full Federal Court has overturned a previous decision that found Block Earner’s fixed-yield “Earner” product to be a financial product requiring an Australian financial services licence (AFSL).

Staying true to its enforcement priorities for 2025, the Australian Securities and Investments Commission (ASIC) has launched several enforcement actions against businesses in breach of various regulations and misconduct. This article compiles some notable enforcement actions by ASIC in the first quarter of 2025, linking those enforcement actions to its respective priorities.

ASIC’s recent pursuit of penalties against an AFSL holder presents a timely reminder to Australian financial service businesses to review their cybersecurity measures and comply with obligations or face potentially serious repercussions.

ASIC has updated its guidance on RG 236 to help firms decide whether they need an Australian Financial Services (AFS) licence to engage in carbon market activities.

With a significant increase in participants seeking to trade carbon credits and invest in carbon offsets, this is a welcome development as it provides further clarity for participants. In particular, it provides insights into how ASIC views certain activities and whether those activities require an AFSL, how existing licensing exemptions may apply as well as helpful examples.

The first tranche of reforms to the Privacy Act 1988 (Cth) were recently tabled in Parliament with the objective to promote the protection of privacy and personal information in an everchanging digital age.