Financial Services

If you want to maintain a competitive edge, whether you’re a global investment bank, an institutional investor, an asset manager, or an innovative fintech disruptor, you need legal guidance from an accomplished law firm who understands the nuance and intricacies within the financial services sector. 

We are a firm you can trust to help you keep on top of issues surrounding compliance, licensing obligations, capital raising, due diligence and other complex financial services issues.

With increasing market volatility, our financial services lawyers use their in-depth regulatory knowledge and forward-thinking commercial advice to enable banks and institutions to adapt to market dynamics, manage risk intelligently, meet complex compliance frameworks and drive growth strategies. 

From enabling groundbreaking transactions to presiding over complex litigation, our financial services lawyers will protect your interests and deliver tailored legal solutions that empower your business to operate confidently and mitigate risk. 

Our experience includes advising on:

• financial services regulation and licensing
• investment funds and property funds
• superannuation
• financial product distribution
• financial services compliance
• non-cash payments
• anti-money laundering
• crowdfunding
• responding to ASIC surveillance

We have direct experience working with key regulators and industry bodies, such as ASIC, APRA and ACCC. The depth of our expertise covers:

The complexity of the laws and standards governing the financial services industry requires a legal team with deep expertise and experience in developing compliant business solutions, including regulatory and licensing obligations. 

We advise on the full range of financial services regulation and licensing issues, including:

• AFSL applications, licensing requirements and compliance.
• disclosure document preparation and review of regulated disclosure documents, including PDSs, SOAs and FSGs.
• design and distribution obligations (DDO).
• applying to regulators such as ASIC, AUSTRAC and ASX for exemptions and relief.
• due diligence program design and implementation.
• key regulatory regimes including the Corporations Act, the Superannuation Industry (Supervision) Act, the Income Tax Assessments Act(s), and the Competition & Consumer Act.
• compliance programs and plans within the framework of AS3806, including systems for monitoring, measurement and reporting.
• IDPS Guide and documentation preparation, review, due diligence and verification.
• MDA compliance advice and agreements.
• Crowdfunding advice and documentation.
• enforcement issues and enforceable undertakings.

We have one of Australia’s leading property fund legal advisory practices and have advised on the largest and most complex property fund transactions. 

With an impressive portfolio of clients, including Australian Unity, Dexus, EG property funds, KM Property Funds and Newmark, our team has considerable experience advising property funds and provides highly technical advice that maintains a commercial perspective.

We advise on all stages of a fund’s lifecycle – establishment, listed and unlisted capital raisings, acquisitions, equity financing, debt financing and restructuring. We also assist with the ongoing regulatory and management issues.

With an increase in wealth management activities across Australia’s financial system, the sector faces three key challenges in navigating the impact of the global pandemic: market volatility, increased operational risks and reliance on digital.

Our national team of wealth management specialists assists clients in navigating all kinds of markets – up, down and everything in between. We combine our in-depth industry knowledge with our legal expertise to help our clients emerge in a position of strength. 

We advise some of Australia’s leading wealth management professionals, as well as new entrants from overseas, and enable our clients to remain focused on delivering results for their high-net-worth stakeholders. We act for financial planners, dealer groups, licensees, fund managers and trustees, investment managers, superannuation funds, accountants, insurance brokers, life and general insurers and private clients.

We assist clients with navigating consumer credit and retail finance laws, including the National Consumer Credit Protection Act 2009 and accompanying regulations and financial sector industry laws.

We can help with the following:

• providing regulatory advice about the application of relevant laws, including the credit licensing laws, the National Credit Code, responsible lending laws and debt collection laws.
• providing advice on related laws in the consumer credit industry, including banking laws, APRA regulation and privacy laws.
• assisting in securing an Australian credit licence from ASIC.
• helping bring new credit products to market, including where credit is provided through innovative products such as credit funds or lending platforms.
• providing advice on establishing and operating new peer-to-peer lending platforms.
• applying for relief from ASIC on legislative and regulatory requirements.
• providing structuring advice and transaction services for credit funds or platforms that engage in consumer lending.
• advising on ‘buy now, pay later’ arrangements (BNPL).
• advising and representing clients on regulator enforcement or surveillance activity.

Our team has the experience to service all of the licensing, regulatory and prudential compliance needs of the insurance sector.

We can help with the following:

• advising on all of the compliance and governance obligations involved in the sale and distribution of insurance products;
• distribution arrangements and channel management;
• Australian financial services licence applications and new general and life insurance licences;
• dealing with the conduct and prudential regulators, ASIC and APRA, and Treasury in relation to FSSA, IATA and FIRB applications.