Australia: Finance and Banking

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Finance law and banking law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as capital adequacy, BASEL, acquisition finance, debt capital markets, fund finance, islamic finance, securitization and structured finance.

Case note: Synergy Construct Australia Pty Ltd v GSA North Terrace Pty Limited ATF GSA North Terrace Unit Trust [2025] SASCA 72 (Synergy)

The decision serves as a case study of the circumstances when a principal can make a claim in relation to bank guarantees provided as security.

Australia Finance

P

PCL Lawyers

How to stay out of trouble? Key risks and lessons for Responsible Managers

Responsible Managers aren't a legal role, but ASIC enforces high compliance expectations & can ban RMs who fail to supervise, act or uphold standards.

Australia Finance

HN

Holley Nethercote

ASIC proposes significant changes to RG 181: What AFSL holders need to know

ASIC is proposing to significantly expand its guidance on managing conflicts of interest requiring AFSL holders to review & update their policies.

Australia Finance

HR

Holding Redlich

FSR GPS: When Can An Account Statement Be Misleading Or Deceptive?

Many of our clients are grappling with the vexed issue of whether information contained in investment and insurance disclosures constitutes misleading or deceptive conduct...

Australia Finance

KL

Herbert Smith Freehills Kramer LLP

Funds Update - 29 August 2025

Australia Finance

KL

Herbert Smith Freehills Kramer LLP

Australia Financial Lines Insurance Symposium Report 2025

Australia Finance

K

Kennedys

Six months of inactivity in your AFSL or ACL? ASIC has the Power to Immediately Cancel it

Australia Finance

SG

Sophie Grace Pty Ltd

FCA Makes the ‘Execution Agent' Field Conditional under EMIR

Australia Finance

TRAction

The Paradox Of Progress: How A Decade Of Financial Reform Created Both Clarity And Complexity

Australia Finance

FC

FTI Consulting

Avoiding Trade Reporting Penalties

Australia Finance

TRAction

Retail vs Wholesale Clients – Regulatory Concerns and Responses

Australia Finance

HN

Holley Nethercote

APAC Monthly Private Wealth Legal Developments – July 2025

Worldwide Finance

KL

Herbert Smith Freehills Kramer LLP

Funds Update - 15 August 2025

Australia Finance

KL

Herbert Smith Freehills Kramer LLP

Reporting Transactions under EMIR, MiFIR and SFTR Seamlessly

Australia Finance

TRAction

Dismissal upheld: employee breaches employer's directions while recovering from illness

Australia Employment

CG

Cooper Grace Ward

Introducing Cathro Clarity: Unlocking Australia's Insolvency Data

Australia Insolvency

CP

Cathro & Partners

APAC Monthly Private Wealth Legal Developments – July 2025

Worldwide Finance

KL

Herbert Smith Freehills Kramer LLP

Inside IR Podcast Series - Episode 29 Gender-based Undervaluation And Its Impact On Modern Award Rates Of Pay (Video)

Australia Employment

KL

Herbert Smith Freehills Kramer LLP

New road rules and driving offences come into effect across Australia

Australia Transport

SC

Sydney Criminal Lawyers

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Related Country Guides

Alternative Investment Funds

Capital Adequacy/BASEL

What to do when the derivative instrument's underlier has no ISIN under EMIR

This article discuss how to populate the ISIN.

Australia Finance

TRAction

ESMA's assessment of the MiFID Trade Reporting Framework

The consultation from October 2024 discusses the revisions proposed to the existing technical standards.

Australia Finance

TRAction

Is reporting at ‘position level' allowed for all EMIR Derivatives?

Position level reporting basically targets aggregated data to show overall exposure across the counterparties concerned.

Australia Finance

TRAction

Should OSFI Rethink AT1 Capital Requirements, Particularly For Federal Credit Unions?

Australia Finance

TL

Torys LLP

Are you taking reasonable steps to ensure your authorised representatives do not accept conflicted remuneration?

Australia Finance

SG

Sophie Grace Pty Ltd

Operational Resilience – Predicting The Unpredictable

Worldwide Finance

HS

Herbert Smith Freehills Kramer LLP

The 2019 EU Securitisation Regulations And The Australian RMBS Market

Australia Commercial

MB

Mayer Brown

PPSA in practice - big trouble in little security

Australia Commercial

BP

Bartier Perry

Tis' the season – Is there a case for seasonally adjusted covenants?

Australia Finance

KS

Kemp Strang Lawyers

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Debt Capital Markets

Beneath The Surface: Making Up The Deficit - The Critical Minerals Strategic Reserve And Australia's Unrealised Critical Minerals Production Potential

In April 2025, the Albanese Government pledged A$1.2 billion to establish a Critical Minerals Strategic Reserve (Strategic Reserve).

Australia Government

KL

Herbert Smith Freehills Kramer LLP

Lessons From Lifeplan: How Forensic Experts Bolster Legal Strategy

10 years on, FTI Consulting's work on the Lifeplan Australia Friendly Society Ltd case against two of Lifeplan's former employees and the Ancient Order of Foresters in Victoria Friendly Society Limited still offers rich and relevant insights into the intersection of forensic expert evidence and legal strategy.

Australia Litigation

FC

FTI Consulting

The big issue with issuing – Can it be done without holding an AFSL?

Issuing a financial product is a financial service and, therefore, would seem to require the issuer to hold an AFSL.

Australia Finance

HN

Holley Nethercote

Who's in control? Changes of control to a licensed entity and your obligations

Australia Finance

HN

Holley Nethercote

Can you serve a statutory demand by email in Australia?

Australia Litigation

SL

Stonegate Legal

Setting Aside a Statutory Demand and Requirements for the Supporting Affidavit – BRC Group v Watagan Park [2025] VSCA 36

Australia Commercial

MD

McCarthy Durie Lawyers

Embracing Arbitration For Australian Financial Services Disputes

Australia Finance

CC

Corrs Chambers Westgarth

The Regulation Of Private Markets In Australia—Where To Next?

Australia Finance

JD

Jones Day

Yes, crypto currency is personal property!

Australia Finance

CG

Clifford Gouldson Lawyers

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Corporate Finance

Speeding tickets: ASIC ramps up continuous disclosure enforcement

ASIC increases its enforcement of the continuous disclosure requirements of listed companies under the Corporations Act.

Australia Finance

DP

DLA Piper Australia

Disclosure and liability requirements for retail corporate bonds could be streamlined

Proposals to streamline disclosure and liability requirements for the retail corporate bond market have been released.

Australia Finance

CU

Clayton Utz

Appendix to our guide to the AIFM Directive: update post-ESMA advice

On 21 July 2011, the Alternative Investment Fund Managers Directive (Directive) came into force.

Australia Finance

NR

Norton Rose Fulbright Australia

The New R&D Tax Credit

MA

Moore Australia

Fact, fiction and securities lending

Australia Finance

CU

Clayton Utz

ASIC rewrites the rules on prospectuses

Australia Commercial

CU

Clayton Utz

"The Power of the Network" - ILPA updates its Private Equity Principles

Australia Finance

NR

Norton Rose Fulbright Australia

Private Equity newsletter

Australia Finance

NR

Norton Rose Fulbright Australia

The known unknowns: trading halts made easier by ASX

Australia Commercial

CU

Clayton Utz

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Charges, Mortgages, Indemnities

Green Finance In The Australian Commercial Property Market

Major banks have offered green loan products to fund energy efficient commercial properties.

Australia Finance

PA

Piper Alderman

2025 Banking Code of Practice - key changes affecting lenders and borrowers

The Banking Code of Practice 2025 introduces significant changes to the previous banking code.

Australia Finance

BP

Bartier Perry

ESMA's assessment of the MiFID Trade Reporting Framework

The consultation from October 2024 discusses the revisions proposed to the existing technical standards.

Australia Finance

TRAction

Understanding Unregulated Business Loans

Australia Finance

MF

Matthews Folbigg Lawyers

Default Dilemma: Mortgagee in Possession vs Receivership

Australia Finance

W

Worrells

Failing to Register a PPSR Security Interest on Time – Legal Risks and Options

Australia Finance

S

Swaab

Could a bank enforce a loan agreement with a forged signature? Which case won?

Australia Finance

S

Stacks Law Firm

How Does Refinancing Your Home Loan After Divorce Work?

Australia Finance

U

Unified Lawyers

Is reporting at ‘position level' allowed for all EMIR Derivatives?

Australia Finance

TRAction

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Latest Videos

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Mortgagee in possession?

CP

Cathro & Partners

The Sophie Grace Portal is now live! ACLs - Do you need an ACL?

SG

Sophie Grace Pty Ltd

It Depends – Can my SMSF engage a related party builder?

CG

Cooper Grace Ward

Signing loan documents electronically

BP

Bennett & Philp Lawyers

Streaming series | Intercreditor arrangements

NR

Norton Rose Fulbright Australia

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