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
Unfair Contract Terms In SME Lending - 5 Clauses That May Place Lenders At Risk
ASIC's 2026-27 Corporate Plan identifies non-bank small business lending practices as a regulatory focus area, particularly concerning unfair contract terms in standard form agreements. This article examines five common clauses in SME loan agreements that may expose lenders to enforceability challenges and regulatory action, drawing on recent court decisions to illustrate key UCT risks.
Australia Commercial
BP
Bartier Perry
Article
The hidden risk facing Australia’s credit funds: Property values haven’t fallen, but transactions have
Australia's private credit market faces its first genuine stress cycle as property transaction velocity slows and ASIC intensifies regulatory scrutiny. With delayed exits, extended loan maturities, and increased workout activity creating pressure across the sector, fund managers and trustees must now navigate both commercial challenges and heightened enforcement risk while ensuring their governance frameworks can withstand regulatory examination.
Australia Finance
PA
Piper Alderman
Article
New Payment Models Face A Broader Licensing Regime
Australia's payment services landscape is undergoing a fundamental regulatory transformation with the introduction of new legislation that shifts focus from specific technologies to the functions and activities performed by payment service providers. The Treasury Laws Amendment Bill 2026 will replace the existing non-cash payment facility framework with a comprehensive licensing regime that distinguishes between payment products and payment services, potentially capturing previously unregulated payment
Australia Finance
M
McCabes
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
Space Infrastructure: An Emerging Asset Class
Space-related assets are becoming investable for infrastructure investors, with opportunities in ground stations, mission control assets, data-processing facilities and dual-use platforms. However, investors must carefully evaluate technology refresh risks, regulatory complexities including spectrum and orbital rights, and revenue bankability through counterparty quality rather than relying solely on sector growth projections.
Global Government
KL
Herbert Smith Freehills Kramer LLP
Article
Australia’s Foreign Investment Reforms – A More Explicit Calibration Of Risk
The Australian Government’s May 2026 update to its foreign investment policy is already being interpreted in some quarters as a further tightening of the regime. That is, however, an incomplete reading. The changes are better understood as a more explicit calibration of risk - refining how foreign capital is assessed, rather than materially altering the underlying framework.
Australia Government
BP
Bartier Perry
Article
Unique Product Identifiers – ANNA-DSB & The UPI
The Unique Product Identifier (UPI) serves as a critical component of common data elements under EMIR, UK EMIR, ASIC, and MAS regulations, designed to identify OTC derivative products in transaction reporting. This article explores how UPIs work alongside Legal Entity Identifiers (LEIs) and examines the role of ANNA-DSB as the centralized service provider managing the UPI Reference Data Library. Understanding the methods for obtaining and creating UPIs is essential for firms navigating derivative transactio
Australia Finance
TRAction
Article
UPIs – What Information Is Needed To Search/create A UPI?
The Unique Product Identifier (UPI) serves as a critical code for OTC derivatives reported to trade repositories, now mandatory across EMIR, ASIC, and MAS regulations. Understanding how to search and generate UPIs through ANNA DSB requires specific product attributes and data points that vary by asset class. TRAction provides comprehensive UPI retrieval services, navigating the complex and evolving process of obtaining these essential identifiers for regulatory compliance.
Australia Finance
TRAction
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