Financial Services
Australia’s financial services sector is characterised by constantly evolving regulatory, technological, social and commercial opportunities and challenges.
Our transactional, technology, advisory and regulatory teams understand the opportunities and risks within the financial services industry, and use our deep understanding of our clients’ businesses to deliver practical solutions that help them realise their business and strategic goals.
Acting for banks and non-bank lenders, payment facilitators, investment funds, fintech providers, intermediaries, insurers, brokers, and superannuation funds our capability includes:
- Corporate and commercial, including M&A, joint ventures, capital transactions and restructures
- Financial services regulation and funds management, including fund structuring and establishment, AFSL and ACL applications and variations, APRA prudential standards, payments regulation, AML/CTF compliance and unfair contract terms
- Technology and procurement
- Digital and payments
- Cyber risk, privacy and data protection
- Banking and finance (debt transactions)
- Commissions and inquiries
- Litigation and dispute resolution
- Investigations and remediation programs
- Employment relations.
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Experience
Macquarie
Advised Macquarie on the:
- sale of Macquarie’s auto dealer finance business to Allied Credit Group and its sale of shares in Macquarie Premium Funding;
- extension and renegotiation of one of its key outsourcing arrangements for back-office support services, which underpin their BFS business, as well as on its arrangements with a number of major providers of outsourcing services, including card transaction processing services and back-end services; and
- development and licensing of its PropertyIQ software platform as part of its customer engagement strategy.
Mastercard
Advised Mastercard on:
- its commercial arrangements with Transport for New South Wales to develop a digital transit card designed for use on the TfNSW ticketing system and available within a mobile wallet on supported mobile devices (Opal Digital Card); and
- the roll-out of a new multi-currency cards platform for the Westpac Group, together with related card management services.
RACQ
Advised on its merger with QT Mutual Bank, involving both a demutualisation and separate scheme of arrangement.
Big 4 Bank
Advised on the establishment of a US-based fintech start-up in Australia and the bank’s investment in the start-up.
Digital currencies
Advised a blockchain-based payment solutions provider in relation to the various regulatory implications of undertaking an initial coin offer (ICO) in Australia, including financial services and AML/CTF regulations. We also advise Australian and international clients on the current potential regulatory issues (including financial services and AML/CTF regulation) associated with cryptocurrencies, ICOs and other digital currencies.
Investment management funds
Advised on the establishment of funds (including registered schemes and Exchange Traded Funds), AFSL variation applications, PDS review, sign-off and verification and ad-hoc regulatory queries.
Peak industry body
Advising a peak industry body on:
- the high-profile Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry; and
- the development of a data breach response plan and cyber incident toolkit, and delivering a bespoke privacy and cyber risk training program.
Gallagher
Advised this global leader in insurance, risk management and consulting services, on:
- Arthur J Gallagher: its rights under an existing contract to design, develop, install, implement and provision an insurance broking management and claims software system across Australia and New Zealand;
- Gallagher Benefit Services: its acquisitions of Fortress Financial Solutions, Monash Group Financial Planners, Blueleaf Consulting and Effectus Consulting; and
- Gallagher Bassett Services: its acquisition of Fullerton Health Corporate Services (Aust).
Hub24 Limited
Advised HUB24, an ASX listed investments and superannuation company which provides a market-leading technology platform, on the establishment of its ConnectHUB portal, an exciting new open-architecture solution designed to bring multiple data sources and applications together to provide advisers with the ability to create a bespoke, single-view platform.
Queensland Rural and Industry Development Authority (QRIDA)
Advised in relation to their roll out of over 7,000 loans for the COVID-19 Job Support Loan Scheme. In less than 12 weeks we prepared all templates and systems to document secured and unsecured loans for the Scheme. We have also advised in relation to the recovery of loans and security enforcement.
Police Bank Limited
Ensured Police Bank Limited’s privacy and security compliance through the revision of all of the Bank’s internal and external-facing privacy policies and framework, the development of a cyber incident toolkit for the identification and management of cyber breaches, the updating of the bank’s crisis management plan, and development of a bespoke data breach response plan.
Distressed debt
Assisted various financiers, including “Big 4 Banks”, in relation to a large number of lending recovery and enforcement matters, including on the urgent appointment of receivers over secured assets, the negotiation and implementation of forbearance and debt restructuring arrangements, and the enforcement and restructurings of complex lending groups.