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.

Funds Update - 18 July 2025

On 9 July 2025, ASIC released Simple Consultation 22: Proposed update to ASIC's guidance on Product Disclosure Statements (PDSs), inviting industry feedback on proposed revisions...

Australia Finance

KL

Herbert Smith Freehills Kramer LLP

Flying with derivatives: Keeping airports grounded in a turbulent economy

Airports use derivatives to hedge fuel, interest rate, and currency risks, ensuring smooth operations amid economic volatility.

Australia Finance

TRAction

Cruising with derivatives: staying afloat in choppy markets

Global cruise lines rely on derivatives to smooth out costs and keep long-term strategies on course even when markets get rough.

Australia Finance

TRAction

Ban on conflicted remuneration for mortgage brokers and intermediaries – here to stay

The Credit Act now bans conflicted remuneration for mortgage brokers to protect consumers, effective from 1 January 2021.

Australia Finance

HN

Holley Nethercote

Breach Reporting In Financial Services And Application To Offence Provisions: Are You Over-Reporting?

Australia Finance

KL

Herbert Smith Freehills Kramer LLP

The Regulatory Developments For FY25 That Fund Managers Can't Afford To Ignore

Australia Finance

KG

K&L Gates LLP

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

Australia Finance

HN

Holley Nethercote

ASIC floats IPO reforms to revitalise public markets

Australia Finance

CG

Cooper Grace Ward

Practical implications for authorised representatives of ASIC v BPS Financial appeal decision

Australia Finance

CC

Corrs Chambers Westgarth

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

Australia Finance

HN

Holley Nethercote

Full Federal Court Finds In Favour Of ASIC Appeal Concerning The Scope Of The "Authorised Representative" Exemption

Australia Finance

KG

K&L Gates LLP

Full Federal Court weighs in on Australian financial services licences and authorised representatives

Australia Finance

CC

Corrs Chambers Westgarth

ASIC latest enforcement action for misleading website claims

Australia Finance

SG

Sophie Grace Pty Ltd

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

Australia Finance

TRAction

It depends – Can I make an in-specie contribution to my self-managed superfund?

Australia Employment

CG

Cooper Grace Ward

Addressing the Surge in Youth Crime in NSW

Australia Criminal

OC

O'Brien Criminal & Civil Solicitors

What Does Labor's Landslide Mean For Employment Law In Australia? (Video)

Australia Employment

IL

Ius Laboris

A Key Issue For The Federal Election 2025

Australia Immigration

IL

Interstaff Immigration Agency

Employment Relations Podcast #42 – What could the proposed ban on "non-competes" mean for Australian employers?

Australia Employment

PA

Piper Alderman

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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

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

Obligation of AFSL holders and credit licensees to determine whether there has been a change of control in their entity.

Australia Finance

HN

Holley Nethercote

Can you serve a statutory demand by email in Australia?

This article explores whether a statutory demand can be validly served by email under Australian law, following major reforms to the Corporations Act 2001 (Cth).

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

Regulatory Shifts Reshape Trade Reporting: Liquidity Provider Agreements Require Changes

Australia Finance

TRAction

ESMA's assessment of the MiFID Trade Reporting Framework

Australia Finance

TRAction

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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

[Video] Do I need an AFSL?

SG

Sophie Grace Pty Ltd

Signing loan documents electronically

BP

Bennett & Philp Lawyers

It Depends – Can self-managed superannuation funds borrow?

CG

Cooper Grace Ward

Streaming series | Why are there fewer streaming transactions in Australia than in North America?

NR

Norton Rose Fulbright Australia

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