Australia: Financial Services

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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.
Article
New Protections In The Superannuation System
The Australian Government has unveiled comprehensive reforms targeting consumer protections across superannuation and financial services, introducing stricter oversight of APRA-regulated funds, SMSFs, and managed investment schemes. These changes respond to recent high-profile investment failures and include enhanced trustee obligations, strengthened anti-hawking provisions, and modifications to the financial advice framework that could significantly impact compliance requirements for industry participants.
Australia Employment
KG
K&L Gates LLP
Article
NSW Supreme Court Signals Increased Scrutiny Of Default Interest Clauses
The Supreme Court of New South Wales has ruled that a default interest rate of 3% per month, compounded monthly, constitutes an unenforceable penalty despite valid loan documentation. This landmark decision challenges traditional lending structures where borrowers receive discounted rates that revert to higher rates upon default, requiring lenders to demonstrate legitimate commercial justification for increased default interest rates.
Australia Finance
M
McCabes
Article
PPSA Myths Unveiled – What You Need To Know
The Personal Property Security Act (PPSA) is a comprehensive legal framework designed to regulate the creation, registration and enforcement of security interests in personal property across various jurisdictions, such as Canada, Australia and New Zealand. Its primary goal is to establish clear rules for how lenders and borrowers can secure loans using personal assets, ensuring transparency and predictability in commercial transactions.
Australia Finance
BP
Bartier Perry
Article
Unconscionable Lending Practices And Guidance For Lenders
We recently examined how fraud can undermine indefeasibility and the resulting risks for lenders. You can read that article here: Indefeasibility of title - legal certainty in an age of rising fraud. This article analyses the High Court of Australia’s decision in Stubbings v Jams 2 Pty Ltd [2022] HCA 6, which remains the leading authority on responsible lending practices, notwithstanding the passage of four years since judgment.
Australia Finance
BP
Bartier Perry
Article
How To Avoid A Trade Reporting Fine In 6 Steps
ASIC recently issued an infringement notice to Deutsche Bank Aktiengesellschaft (Deutsche Bank), which paid a penalty of $2 million for misreporting more than 260,000 over-the-counter (OTC) derivative transactions. This is a step-change in scale for ASIC trade reporting enforcement – roughly four times the combined AMP Life/AMP Capital penalties ($526,000, 2020) and more than fifteen times the Westpac penalty ($127,250, 2017), both issued under the earlier reporting rules regime.
Australia Finance
TRAction
Article
Employee Entitlement Schemes – AFSL Requirements Start 1 September 2026
Employee Entitlement Scheme operators face a critical deadline of 1 September 2026 to obtain an Australian Financial Services License (AFSL) to continue operations. Understanding the application requirements and compliance obligations is essential for businesses managing employee contribution schemes. Sophie Grace provides comprehensive support for AFSL applications, AUSTRAC registration, and tailored AML/CTF compliance programs.
Australia Finance
SG
Sophie Grace Pty Ltd
Article
Navigating Australia’s FFSP Regime—practical Licensing, Exemptions, And Notification Support
The foreign financial services provider regime introduces three new exemptions and mandatory ASIC notification requirements, commencing April 8, 2027. Firms providing services that touch Australia—even offshore—face timing risks as existing relief expires March 31, 2027. Understanding eligibility pathways and operational readiness for the transition window is now critical for foreign financial services providers.
Australia Finance
AO
A&O Shearman
Article
High Court Endorses Expansive Financial Product Definitions In Block Earner Appeal
The High Court of Australia has delivered a landmark ruling in ASIC v Web3 Ventures Pty Ltd, finding that Block Earner's fixed-yield cryptocurrency product constitutes a financial product under the Corporations Act. This decision overturns the Full Federal Court's earlier judgment and marks the first time Australia's highest court has examined crypto-assets under financial services laws, with significant implications for how digital asset products are regulated.
Australia Finance
PA
Piper Alderman
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