Clients including major banks, superannuation funds and fintech companies instruct Allens on the full spectrum of fintech and financial services regulatory (FSR) work encompassing M&A transactions involving financial institutions, digital transformation projects and AML compliance matters. The unit is additionally praised for the ‘depth of its experience in financial crime matters.’ Heading up the FSR team, Simun Soljo assists clients including superannuation trustees and wealth managers on mandates including the development and regulation of new products and services. Dominic Anderson leads the fintech team; his varied caseload includes technology-sector M&A and technology-led innovation activities. Working with financial services clients on their Stronger Super products is an area of activity for Michelle Levy. Melbourne-based Kerensa Sneyd has a strong focus on the retail banking sector, while Valeska Bloch is a key contact for matters involving new technologies such as artificial intelligence and blockchain. Derivatives specialist Yu Zhang is another name to note. Unless otherwise stated all mentioned lawyers are based in Sydney.
Fintech and financial services regulatory in Australia
Allens
Responsables de la pratique:
Simun Soljo; Dominic Anderson
Autres avocats clés:
Michelle Levy; Christopher Kerrigan; Kerensa Sneyd; Belinda Thompson; Gavin Smith; Valeska Bloch; Yu Zhang
Les références
‘The team stands out for the depth of its experience in financial crime matters – true industry leaders.’
‘Technically excellent. Karensa Sneyd applies a pragmatic and commercial lens to the highly complex and technical AML/CTF regime.’
‘Quality commercial legal advice, exceptional partner availability, always reliable, easy to deal with, a pleasure to work with, I feel like they are a safe pair of hands, they’re trusted by me (Legal), our Execs and Board, they offer lots of free CPD and workshops, they are at the forefront of change and they will communicate proactively with us on legislative change and industry trends.’
Principaux clients
ANZ
Westpac
Sympli
Coles
Constantinople
Simple KYC
Zip Co
UniSuper
Principaux dossiers
- Advising on various issues in relation to Simple KYC’s reseller arrangement with Illion and on aspects of Illion’s strategic investment in Simple KYC.
- Advised Coles on its long-term strategic alliance arrangements with instant payments platform provider, Beem.
- Advised Westpac in relation to the Successor Fund Transfer (SFT) of BT’s personal and corporate superannuation fund members to the Mercer Super Trust, and negotiated the related member servicing arrangements with Mercer.
Gilbert + Tobin
The Sydney-based fintech and FSR team at Gilbert + Tobin covers the market with front-end and back-end expertise spanning Web3, disputes, competition work, regulatory issues and corporate affairs. There is also a strong investment law practice at the firm with transactional capabilities supported by regulatory specialists. Bank-in-a-box solutions, payment systems and digital asset work are some of the team’s recent highlights. The fintech and Web3 team is marshalled by Peter Reeves; his varied case loads includes a wide array of payments and digital assets work. Disputes and investigations team head Richard Harris is regularly tasked with guiding banks and other corporate entities through investigations and enforcement action by Australian regulators. Elizabeth Avery heads up the the competition and regulatory group and is well placed to assist with merger clearances and enforcement litigation. Simon Burns has a focus on the regulatory aspects of financial transformation projects, particularly when undertaken by major banks. Georgina Willcock, who frequently collaborates with Reeves on thought leadership pieces, is another name to note.
Responsables de la pratique:
Peter Reeves; Richard Harris; Elizabeth Avery
Autres avocats clés:
Philippa Hofbrucker; Daniel MacPherson; Aparna Nanayakkara; Georgina Willcock; Robert O’Grady; Simon Burns
Les références
‘Excellent, knowledgeable team who are responsive, commercial and value for money.’
‘Very knowledgeable about financial services in the fintech space – know what is happening at a regulatory level and are proactive in keeping our business informed.’
‘We deal mostly with Georgina Willcock and Robert O’Grady. Both are very pleasant to deal with as well being highly competent and responsive to market and regulatory changes and our commercial needs within that context.’
Principaux clients
Australian Banking Association
Australian Payments Plus
Cape York Partnership
Commonwealth Bank of Australia
Credit Suisse
Deloitte
Insurance Australia Group
Macquarie Group Limited
Pexa Group Limited
QBE Insurance
SkyCity Entertainment Group
Sportsbet
TAL Life Insurance
Westpac Banking Corporation
Principaux dossiers
- Advised global investment firm KKR on its acquisition of a majority 55% interest in Colonial First State (CFS) and the establishment of a strategic partnership with Commonwealth Bank of Australia (CBA).
Herbert Smith Freehills LLP
Herbert Smith Freehills LLP is trusted by established financial services players and disruptive newcomers for assistance with work such as commercial transactions, cross-border sales, regulatory change implementation and defence of regulatory enforcement actions. The far-reaching regulatory expertise extends to advising on the Australian financial services licensing exemptions which took effect in March 2023. The department is headed up by market entrance specialist Charlotte Henry, experienced litigator Andrew Eastwood, superannuation specialist Andrew Bradley, who joined in June 2022 from Minter Ellison, and Kate Cahill, who is a key contact for complex financial services investigations. Luke Hastings has deep experience in contentious regulatory matters, while Michael Vrisakis frequently leverages his significant regulatory experience to advise on the development of new financial services law. Tamanna Islam is the key name at senior associate level and focuses on regulatory work.
Responsables de la pratique:
Charlotte Henry; Andrew Bradley; Andrew Eastwood; Kate Cahill
Autres avocats clés:
Michael Vrisakis; Luke Hastings; Fiona Smedley; Harry Edwards; Maged Girgis; Tania Gray; Tamanna Islam
Principaux clients
Australia & New Zealand Banking Group (ANZ)
National Australia Bank (NAB)
Commonwealth Bank of Australia (CBA)
Eftpos
ASX Limited
Insurance Australia Group (IAG Ltd)
FTX
Macquarie Bank
Suncorp
MetLif
King & Wood Mallesons
King & Wood Mallesons’ far-reaching regulatory practice is well-equipped to handle domestic, cross-border and global regulatory matters and has a proven track record of acting in the regulatory investigations space. On the fintech side, the firm handles work including stablecoin projects, fundraisings and SaaS agreements covering staking-related services for clients such as high-growth start-ups, crypto exchanges and payment institutions. Jim Boynton, Mark McFarlane and Alexander Morris head up the regulatory team, while Anthony Boogert and Urszula McCormack, who is also based in Hong Kong, are the fintech leads. Kate Jackson-Maynes is the key contact for digital payments matters, and blockchain and regtech specialist Hannah Glass is another name to note. Unless otherwise stated, all mentioned lawyers are based in Sydney.
Responsables de la pratique:
Alexander Morris; Jim Boynton; Mark McFarlane; Urszula McCormack; Anthony Boogert; Kate Jackson-Maynes
Autres avocats clés:
Sarah Yu; Dale Rayner; Moira Saville; Katherine Forrest; Hannah Glass
Les références
‘Extremely strong on black letter law with excellent market insights.’
‘Unique skill set in the market with unparalleled experience and expertise.’
‘Kate Jackson-Maynes and her team make all the difference at KWM. They take a truly collaborative approach with their clients that allows them to achieve the best result – Kate knows us, and our business, back-to-front and that’s the point of difference.’
Principaux clients
Westpac Bank Corporation
Allianz Australia Insurance Limited
A La Trobe Financial Asset Management Limited (“La Trobe Financial”)
Colonial First State (CFS)
National Australia Bank
Tyro Payments
QSuper
NULIS (former NAB superannuation trustee)
Suncorp Group Limited
La Trobe Financial
Mercer Australia
Commonwealth Bank of Australia (x15 Ventures)
Block, Inc
Payright
Immutable
Grow
Stripe Payments Australia
Bank for International Settlements
Crypto.com
Principaux dossiers
- Advised QSuper on its merger with Sunsuper. The merger created one of the largest superannuation funds in Australia.
- Appointed on multiple projects to help Zepto scale swiftly and reach an institutional level of sophistication in terms of documentation and regulatory compliance.
- Acting for OnePath in Federal Court proceedings filed by ASIC on 7 December 2022.
A&O Shearman
Praised for its ‘commercial and practical approach’, A&O Shearman’s regulatory practice is particularly strong in financial services licensing, FOFA reforms and ASIC investigations; customer remediation and regulatory reviews are additional areas of expertise. The Sydney office is a popular destination for investment banks, financial services institutions and sovereigns. Jason Denisenko leads the team; he is well placed to advise on the marketing and distribution of financial products. Litigation partners Jason Gray and Michael Shepherd are well versed in regulatory investigations, while Christopher Scarf frequently advises both foreign and domestic clients on the FFSP, AFSL and ACL regimes. Kate Morris and Lee Alam are further key contacts.
Responsables de la pratique:
Jason Denisenko
Autres avocats clés:
Jason Gray; Michael Shepherd; Lee Alam; Christopher Scarf; Kate Morris
Les références
‘Excellent partner access; commercial and practical approach; they listen to how we want our legal services delivered.’
‘Jason Denisenko is highly experienced and very commercial/pragmatic operator; friendly and warm approach.’
Principaux clients
IOOF Holdings
Board of directors of Star Entertainment Group
Ashurst
Global banks and financial institutions instruct Ashurst for contentious and non-contentious regulatory matters across the whole gamut of financial services regulatory work. Remediation programs, payments mandates, regulatory investigations and the implementation of new regulatory regimes are all areas of strength, with the team also well regarded for its work related to market infrastructure, digital assets and superannuation. Team head Corey McHattan frequently assists investment and trading banks with issues such as enforcement control transactions, while the implementation of remediation programs stands out as an area of activity for Jonathan Gordon. Narelle Smythe‘s portfolio of work includes advising on M&A transactions in the financial sector. Hong-Viet Nguyen is a key contact for mandates with a consumer credit element, while the Brisbane-based Samantha Carroll is well versed in the implementation of product suitability reforms. Nicky Thiyavuikan is another name to note. Unless otherwise stated all mentioned lawyers are based in Sydney.
Responsables de la pratique:
Corey McHattan
Autres avocats clés:
Lucinda Hill; Rani John; Angus Ross; Andrew Carter; Mark Bradley; Narelle Smythe; Jonathan Gordon; Philip Trinca; Nicholas Mavrakis; Ian Bolster; Hong-Viet Nguyen; Samantha Carroll; Nicky Thiyavuikan
Les références
‘This practice distinguishes themselves through a unique blend of expert knowledge, adaptability and client-focused collaboration.’
‘Samantha Carroll truly distinguishes herself from competitors through the granularity and precision of her advice, always informed by careful consideration and thorough analysis.’
Principaux clients
Allied Credit
CommSec
Rio Tinto Limited
eToro AUS Capital Ltd
Credit Agricole Corporate and Investment Bank
Principaux dossiers
- Acted for Mercy Super on its application to the Supreme Court of Queensland to resolve the issue of whether State based secret commission laws can apply to successor fund transfers.
- Advised ANZ on its agreed acquisition of 100% of Suncorp Bank from Suncorp Group Limited, via the acquisition of 100% of the shares in SBGH Limited.
- Assisting NAB with the integration of certain Citigroup portfolios into NAB.
Baker McKenzie
The ‘pragmatic and commercial’ team at Baker McKenzie pulls together a strong offering with RADI authorisations, regulatory issues for cross-border banks and advice relating to international card schemes among the unit’s areas of expertise. The practice is also active on regulatory and criminal investigations in the financial sphere. Bill Fuggle and Adrian Lawrence share leadership duties from the firm’s Sydney office; Fuggle is an authority on restricted ADI regulation and actively managed ETFs, and Lawrence frequently assists companies in the fintech arena with issues such as mobile banking and payments. In Brisbane, Trudi Procter, who joined from McCullough Robertson in August 2022, has a focus on payment systems and digital assets. Back in Sydney, Yechiel Belfer is well placed to advise on AML regulation, while Shemira Jeevaratnam frequently assists wealthtechs, neobanks and payment processing providers with regulatory matters.
Responsables de la pratique:
Bill Fuggle; Adrian Lawrence
Autres avocats clés:
Trudi Procter; Anne-Marie Allgrove; Yechiel Belfer; Lewis Apostolou; Shemira Jeevaratnam
Les références
‘Extremely capable people, familiar and repeatable processes, and the way the entire team communicate during a matter is excellent. This, in my view, eliminates risk and miscommunication.’
‘Firstly, my team and I feel we have more than a transactional relationship with the team at Baker McKenzie, and this is unique across our other experiences of legal firms.’
‘The clarity of communication and thoughtful explanations together with good humour at the appropriate time was also refreshing and something which helped us enjoy the transaction at every twist and turn. Don’t get me wrong, they weren’t cavalier, but human – and it really helped over the months that it took to close the transaction.’
Principaux clients
AFEX
ALS Ltd
CMC Markets Ltd
Morgan Stanley Australia Securities Limited
Jarden Securities Limited
Wayflyer
RAM
Loftus Peak Investment Management Ltd
Quay Fund Services Ltd as RE for Wisemans Surf Lodge
Sequoia Specialist Investment Pty Ltd
Principaux dossiers
- Acting for ALS Limited in regulatory and criminal investigations concerning certification irregularities by employees in the company’s Australian Coal Superintending and Certification unit.
- Advising an American multinational financial services company, in respect of its global activities carried out in Australia and the regulatory environment in Australia.
- Advising a global investment bank and financial services firm on various regulatory matters both domestically and on a cross-border basis.
Clayton Utz
Helmed by national practice group leaders Alexander Schlosser and Greg Williams, the fast-growing team at Clayton Utz offers expertise in a broad array of financial services and commercial litigation work including superannuation, enforcement actions, retail banking and complex regulatory investigations. Banks, non-bank lenders, sovereign wealth funds and emerging fintechs make up some of the firm’s varied client base. Ross McInnes leads the financial services litigation team and is well regarded for his ability to represent C-suite executives in highly confidential regulatory matters. Steven Klimt is an authority on buy now pay later products, while Matthew Daley and Vanessa Pallone are key contacts for managed investment scheme mandates. Craig Hine is well versed in anti-money laundering and privacy issues. All named practitioners are located in the Sydney office.
Responsables de la pratique:
Alexander Schlosser; Greg Williams
Autres avocats clés:
Ross McInnes; Matthew Daley; Steven Klimt; David Gerber; Matthew Spain; Vanessa Pallone; Katie Wood; Craig Hine; Jason Shailer
Les références
‘Clayton Utz has taken the time to understand our business so that when asked for advice, they respond quickly and in a manner that answers the question asked and where necessary, steps back and lets us know what we haven’t asked about but maybe need to consider.’
‘David Gerber always brings a considered, thoughtful and measured approach and ensures that issues are dealt with in a tailored and prompt way. ’
‘Deep technical expertise. Can deal with both regulatory advice work as well as transactional work. Well supported by a deep team. Very strong focus on the client and finding commercial solutions.’
Principaux clients
Commonwealth Bank of Australia (CBA)
Australia and New Zealand Banking Group (ANZ)
Westpac Banking Corporation
Macquarie Bank
AMP Limited
Insignia Financial
Colonial First State
Citibank Australia
Blackstone Inc
Queensland Investment Corporation (QIC)
Principaux dossiers
- Providing regulatory and licensing advice to Ampol on the establishment of its Future Energy division.
- Acted for Newcastle Permanent Building Society in relation to its merger with Greater Bank.
- Successfully defended Commonwealth Bank of Australia (CBA) against ASIC’s allegations in civil penalty proceedings.
Corrs Chambers Westgarth
From front-end advisory and transactional matters to investigations, enforcement and remediation work, Corrs Chambers Westgarth‘s fintech and financial services regulatory practice is a popular address for major brands, disruptive fintechs and financial institutions. Digital transformation projects, digital asset related mandates and litigation funding are additional areas of strength for the ‘industry experts’ at the firm. James North, Robert Clarke and Mark Wilks form a leadership triumvirate, with North providing expertise in technology transactions for financial services. Described as ‘at the top of his field’, Fadi Khoury has longstanding experience in advising on the development of financial services regulatory products in the US. Felicity Healy is a key port of call for clients facing regulatory investigations. Superannuation and pensions regulations are some of Michael Chaaya’s sweet spots, while Steven Rice is well placed to advise on BNPL products. Mizu Arda is highlighted for her payments regulatory expertise.
Responsables de la pratique:
James North; Robert Clarke; Mark Wilks
Autres avocats clés:
Michael Chaaya; Fadi Khoury; Felicity Healy; Steven Rice; Brendon Clarke; Mizu Arda
Les références
‘The Corrs Chambers Westgarth financial services team is highly adaptable to the financial services legislation/regulation in our industry.’
‘The team is commercially minded and has assisted our business in striving to find a practical solution to regulatory issues and concerns.’
‘The Corrs team is undoubtedly a leader in this space in Australia.’
Principaux clients
HESTA
CBUS
Westpac Banking Corporation
National Australia Bank (NAB)
Commonwealth Bank of Australia (CBA)
PayPal Australia Pty Ltd
Macquarie Group Limited
Apple
Invesco Australia Limited
HarbourVest
Meta/Facebook
Victorian Government
NSW Government
Anchorage Capital Partners
ANZ
Apollo Crypto/Outlander Capital LLC/Bloomberg/TradeStation Securities, Inc.
Heartland Group
Worldpay
OzForex Ltd
CASL, Balance Legal Capital (UK), Woodsford (UK), Court House Capital, Harbour Litigation Funding (UK), Evolution Trustees
Principaux dossiers
- Advised Google on a financial services regulatory project relating to the screening of financial products and services advertised on the Google platform and its liaison with ASIC.
- Advised clients including Bloomberg, Apollo, Outlander Capital and TradeStation on emerging and potential future financial services regulatory areas involving digital assets.
- Advised on the acquisition and merger of Canadian headquartered FIRMA forex and derivatives trading platform.
Norton Rose Fulbright
Appointed to numerous financial institutions panels, Norton Rose Fulbright is well placed to advise global businesses and ASX-listed entities on their response to investigations from bodies such as APRA and ASAIC. The team also has a strong track record of acting on matters relating to multi-jurisdictional compliance and is active in the financial advice remediation space. Ray Giblett and Peter Mulligan head up the fintech division with the latter a key contact for contentious and non-contentious insurance mandates. Fellow co-head Jon Ireland has longstanding experience in advising asset managers on strategic initiatives. Helen Taylor frequently assists major financial institutions with a range of risk advisory work, while Merren Taylor is singled out for her superannuation and corporate governance expertise. Claudine Salameh departed in November 2023.
Responsables de la pratique:
Jon Ireland; Ray Giblett; Peter Mulligan
Autres avocats clés:
Helen Taylor; James Morris; Rajaee Rouhani; Merren Taylor; Shen Low
Les références
‘A knowledgeable and prompt practice.’
‘Strong commercial knowledge and a willingness to work with us the client.’
‘The Norton Rose team were attentive and hard working. James Morris and Shen Low have been prompt in their responses and they are able to apply a practical lens to the work.’
Principaux clients
Commonwealth Bank of Australia
ING Bank (Australia) Limited
AMP Limited
Westpac Banking Corporation
HSBC
QBE
ANZ Banking Group
Mercer
Australian Ethical
IOOF
Principaux dossiers
- Advising Commonwealth Bank of Australia (CBA) on an uplift of obligations baseline in relation to the Banking Code of Practice, the ePayments Code and the General Insurance Code.
- Advising Australian Ethical, one of the fastest growing superannuation funds in Australia, in connection with a wide range of superannuation and investments law matters.
- Assisted Mercer in updating its full suite of template customer-facing Product Disclosure Statements (PDSs) and associated reference guides in compliance with the new disclosure regime for fees and costs.
Clyde & Co LLP
Clyde & Co LLP is home to ‘experts in financial services laws’ who are well placed to advise financial institutions on compliance, financial product development and transactional work such as acquisitions and portfolio transfer agreements. On the contentious side, the team has longstanding experience in acting on regulatory investigations and financial services litigation. Avryl Lattin, a key contact for insurers, helms the practice from Sydney; she frequently brings her government experience to bear on regulatory matters. Her colleague Dean Carrigan specialises in matters which fall at the nexus between the financial services industry and regulators. The two are frequently supported by Johann Spies and Isabella Jones. In Melbourne, Matthew Ellis is well versed in AFSL licensing and compliance, while Nicole Wearne is active in securities class actions. The Brisbane office saw the arrival of Liam Hennessy from Gadens Lawyers in April 2023.
Responsables de la pratique:
Avryl Lattin
Autres avocats clés:
Nicole Wearne; Dean Carrigan; Matthew Ellis; Liam Hennessy; Johann Spies; Isabella Jones; Yvonne O’Byrne
Les références
‘Clyde & Co are experts in financial services laws.’
‘Clyde & Co do not pretend to know the answer, they always have a lawyer available who is able to provide commercial and practical legal advice that directly responds to the issue and that is capable of being implemented.’
‘Dean Carrigan is simply the best. He is always accessible and provides pragmatic solutions to even the most complex problems.’
Principaux clients
Allianz Australian Insurance Ltd
CGU Insurance Limited
Enstar Australia Limited
Expedia
Lockton Companies Australia Pty Ltd
PXGEO Seismic Services Limited
QBE Insurance Group Ltd
Wilkie Farr & Gallagher LLP
Principaux dossiers
- Advising Expedia on its global insurance arrangements.
- Advising Enstar Australia Limited on the entry by an Enstar group company into a significant loss portfolio transfer agreement with RACQ Insurance Limited.
- Advising a large venture capital fund in obtaining licences to trade tokenised financial products on a secondary market.
Hall & Wilcox
Praised as ‘a stand out in the field of emerging technology, specifically blockchain’, Hall & Wilcox‘s Melbourne office is a popular destination for fintech companies looking to set up their Australian operations. The unit is also known for its far-reaching financial services contentious and non-contentious regulation advice. Practice co-head Harry New‘s regulatory expertise covers advice on the Corporations Act and the National Consumer Protection Act. Fellow co-head John Bassilios is embedded in fintech and blockchain and is additionally well placed to advise on the establishment and development of financial products. Eugene Chen is well versed in anti-money laundering legislation, and Hamish McNair assists clients with their responses to regulatory investigations.
Responsables de la pratique:
Harry New; John Bassilios
Autres avocats clés:
Eugene Chen; Hamish Mcnair
Les références
‘Hall and Wilcox stand out in the field of emerging technology, specifically blockchain. The firm is regularly supporting the industry and is at the forefront from a knowledge perspective.’
‘John Bassilios is a standout partner. His diligence and attention to detail are excellent.’
‘A very solid team with good technical and commercial understanding.’
Principaux clients
Hope Housing Fund Management
Fidira
IBA Group
Sire Custodians
Plenti Group
Mezfi Pty Ltd
Whitebit Australia Pty Ltd
Principaux dossiers
- Advised Islamic Bank Australia (IBA) on becoming the first Islamic bank licensed in Australia. The bank has been granted its restricted ADI licence, and will operate as a fintech.
- Advised Fidira on the establishment of a digital currency exchange which onboards clients through the purchase of a gift card through retail outlets and online stores.
- Acted for Plenti in establishing a new investment market for its unique peer-to-peer retail lending platform.
Hamilton Locke
A September 2022 merger that saw The Fold Legal join Hamilton Locke has resulted in a team with ‘deep industry and subject matter expertise‘ that is able to advise across a broad range of regulatory, corporate and commercial areas. Notable areas of expertise include the establishment of discretionary mutuals, crypto products and service offerings, and managed investment schemes. Charmian Holmes leads the practice from Brisbane and is embedded in the insurance regulation space, while Simon Carrodus has a focus on assisting wealth advisory businesses with navigating financial services law. In Sydney, Erik Setio, Jaime Lumsden and Michele Levine are some of the key contacts with Setio praised for his ‘deep expertise in financial services matters, including blockchain technology’. Brendan Ivers operates from the firm’s Melbourne office; he is singled out for his knowledge pertaining to the structuring of real estate funds. Jessica Smith and Glenjon Aligiannis are further names to note.
Responsables de la pratique:
Charmian Holmes
Autres avocats clés:
Jaime Lumsden; Erik Setio; Simon Carrodus; Brendan Ivers; Michele Levine; Jessica Smith; Glenjon Aligiannis
Les références
‘The team has deep industry and subject matter expertise and provide commercially valuable advice. They are responsive and provide fit-for-purpose advice. They have a large set of precedents which helps us get matters up and running quickly,’
‘Charmian Holmes is an expert in the regulatory landscape of the financial services industry and a broad range of financial products.’
‘Julie Hartley is knowledgeable across many financial products with a keen eye for insurance documentation.’
Principaux clients
Arthur J. Gallagher & Co
Employment Hero Pty Ltd
Diverger Limited
Splend
Microsoft Corporation and AmTrust North America Inc.
BetaCarbon Pty Ltd
Motor Owners Mutual Limited and Eric Insurance Limited
Alpha Node Capital
Zip Co Limited
Immobel Capital Partners
MA Financial
Centuria
Jinding Financial Services
Haben Funds Management
MSC Trustees
Non Correlated Capital
M8 Ventures
Blue Capital (WA)
ACTA
Principaux dossiers
- Developed a solution to commercial business challenges faced by Eric Insurance following the introduction of the deferred sale model laws.
- Advised MA Financial on various issues arising in the context of SIV-compliant funds.
- Advised Independent Reserve on whether various non-standard tokens the company wants to list on its crypto exchange are regulated financial products.
Johnson Winter Slattery
Active across a range of front end and contentious regulatory mandates, notable areas of activity for the ‘smart and efficient‘ team at Johnson Winter Slattery include advice on breach reporting, Australian financial services (AFS) licence applications and negotiating regulatory enforcement matters. Sydney-based practice head Austin Bell has a proven track record of assisting clients with the regulatory aspects of establishing their business in Australia. In Melbourne, Simon Haddy frequently advises on regulatory aspects of investment structuring, while Tom Jarvis and Christopher Sones are key contacts for commercial litigation and regulatory disputes.
Responsables de la pratique:
Austin Bell
Autres avocats clés:
Simon Haddy; Tom Jarvis; Christopher Sones
Les références
‘Tom Jarvis has great attention to detail and strategic thinking in civil litigation.’
‘The team at JWS has deep practical and commercial experience that they bring to their advisory work. They are smart and efficient and are always focused on providing real-world solutions to their clients.’
‘Austin Bell draws upon significant practical experience when advising on high-stakes matters.’
Principaux clients
Macquarie Asset Management
PIMCO
Trovio (TCM Macro and TCM Alpha)
TwoSigma
Bell Asset Management Limited
ASIC
Lighthouse Infrastructure
Utilities Trust of Australia
Redwheel (RWC Capital Limited)
Kennedy Lewis Management LP
Principaux dossiers
- Advised RWC Partners on establishing its business in Australia, on the AFS licensing and related regulatory requirements and on its application for an Australian financial services licence.
- Acting for ASIC in proceedings against Commonwealth Bank of Australia and CFSIL alleging that they contravened the conflicted remuneration provisions of the Corporations Act.
- Providing advice to the trustee and its board of Utilities of Australia Pty Ltd as trustee of Utilities Trust of Australia (UTA) on AFSL obligations, NTA requirements, regulatory framework and fiduciary/trustee duties.
Minter Ellison
Providing regulatory advice on transactional matters, remediation of past breaches and guiding financial institutions through regulatory reforms and developments such as the Financial Accountability Regime and the Consumer Data Right scheme are all sweet spots for Minter Ellison. The team is additionally praised for its ‘deep understanding of the life insurance industry’. Michael Lawson and Richard Batten oversee matters from the firm’s Sydney office. The latter has in-depth knowledge of the regulation and wealth management and insurance services. Melbourne-based Ross Freeman’s contentious credentials are underlined by the fact that he is the lead external counsel for ASIC’s enforcement matters, while Ian Lockhart frequently provides regulatory advice to clients ranging from Australian banks to government entities from the firm’s Brisbane office.
Responsables de la pratique:
Michael Lawson; Richard Batten
Autres avocats clés:
Ross Freeman; Ian Lockhart; Ruth Stringer; Martin Wright; Caitlin Murray; Greg Carfoot; Prayas Pradhan
Les références
‘The fintech and financial services regulatory practice at Minter Ellison is exceptional. What sets them apart from others is that they understand our business. ’
‘We work with Richard Batten and Prayas Pradhan. Their expertise and knowledge of the industry gives them a distinct advantage to their competitors. They are responsive, effective, pragmatic and great to deal with.’
‘The team has deep knowledge of ESG and sustainable investments’.
Principaux clients
Allianz
ClearView
Commonwealth Bank of Australia
HUB24
IAG
MetLife
NAB
QBE
Vanguard
Westpac
Principaux dossiers
- Advised on the regulatory aspects of the Tokyo-listed global insurer, Dai-ichi Life’s acquisition of 100% of the shares in Partners Group Holding Limited for just under NZ$1bn.
- Trusted adviser on regulatory matters for fintech companies (both domestic and offshore) in the payments and cryptocurrency sectors.
- Advised MetLife Insurance Limited (MetLife) on its insurance and reinsurance arrangements with Citi Bank following Citi Bank’s exit from the consumer banking business in the Asia-Pacific.
Piper Alderman
With Shannon Adams holding the reins in Adelaide, Piper Alderman leverages its ‘key relationships within the fintech and crypto industry’ to assist clients from the space with mandates such as capital raisings, security token issuances and Australian market entries. The team is also well placed to advise traditional financial institutions and fintech companies on an array of financial services regulatory, licensing and compliance work including anti-money laundering/counter-terrorism financing issues, regulatory investigations and disputes. In Sydney, digital law expert Michael Bacina leads the blockchain group; the former software developer combines technical know-how with regulatory and legal expertise. Financial services regulatory expert Andrea Beatty is equipped to handle front-end and back-end work related to ASIC investigations. Leading the Melbourne team is Steven Pettigrove whose practice extends to digital asset regulation.
Responsables de la pratique:
Shannon Adams
Autres avocats clés:
Andrea Beatty; Michael Bacina; Steven Pettigrove
Les références
‘The team has key relationships within the fintech and crypto industry that has streamlined the entire process.’
‘Michael Bacina was instrumental in driving our business forward. He had key relationships with everyone involved.’
‘Exceptional industry knowledge in blockchain/cryptocurrency; very practical and business-oriented solutions.’
Principaux clients
Kordamentha
Maxi EFX Global
Web3 Security Alliance/A16Z Crypto
Icebreaker Finance Pty Ltd
Blocktrust
Citoplus
Principaux dossiers
- Advising KordaMentha on financial services and insolvency laws in connection with the administration of FTX Australia Pty Ltd and FTX Express Pty Ltd.
- Acting for Maxi EFX Global in proceedings brought by the Australian Securities and Investments Commission.
- Played a pivotal role in Digital Surge’s voluntary administration, following the collapse of FTX in which Digital Surge held a significant portion of its assets.
Colin Biggers & Paisley
Praised for its ‘good knowledge of payment service regulations’, Colin Biggers & Paisley is also strong on regulatory issues for banking, credit, insurance and fintech clients. The team also wins plaudits for its advice on topics including corporate structuring, compliance, white labelling and data protection. The ‘responsive’ Michael Bracken leads the team; he guides clients including fintechs, ADIs and payment services providers through a broad range of regulatory issues and is notably strong on medical indemnity insurance mandates. Bracken’s Sydney colleagues Kate Craig and Jane O’Neill are further names to note.
Responsables de la pratique:
Michael Bracken
Autres avocats clés:
Kate Craig; Jane O’Neill
Les références
‘Good value for money in terms of the breadth and depth of advice the team provided to us, with good knowledge of payment service regulations. Very good turnaround time and responsiveness. Understands the fintech industry, its dynamics and challenges very well.’
‘Michael Bracken is very responsive to our team’s needs, has good knowledge of payment system regulations and breadth of experience working on various payment products on the market.’
‘Michael Bracken is invaluable for his entrepreneurial viewpoint juxtaposed with disciplined legal advice.’
Principaux clients
Association of Financial Advisors Ltd
Australian Medical Association (NSW) Ltd
Australian Military Bank
Carpeesh
Futureproof Financial Group
Grata Fund
Omnio Group Ltd
Prepay Pty Limited
Vasey RSL Care Limited
Whai Rawa Fund Limited
Zepto Payments
Principaux dossiers
- Advising the Australian Medical Association Limited on the parameters governing the levying of a risk surcharge by medical indemnity insurers and medical practitioner review rights of a medical indemnity insurer’s decision.
- Advising the Association of Financial Advisers (AFA) in connection with the proposed merger of the Financial Planning Association of Australia (FPA) and the AFA.
- Advising Futureproof Financial Group on a proposed new Equity Preservation Mortgage product.
Dentons
The technology, regulation and compliance group at Dentons’ Sydney office pulls together a strong offering for regulatory issues such as credit regulation, payments, cryptocurrency and superannuation. Practice head Amber Warren is well placed to provide regulatory advice and due diligence for large M&A transactions, while her colleague Elise Ivory is an authority on consumer and commercial credit regulations. David Carter is recommended for his in-depth knowledge of credit law requirements. A key contact for fintech clients, Rachel Walker is also advising on a growing number of bridging finance products introduced for home loan borrowers. AJ Sridaran is another name to note.
Responsables de la pratique:
Amber Warren
Autres avocats clés:
Elise Ivory; David Carter; Rachel Walker; AJ Sridaran
Les références
‘The practice takes a pragmatic and commercial approach to our business dealings to support us in supporting our security, but at the same time being commercial about the risks we can take.’
‘The pragmatic approach of the firm is a reflection of my dealings with Amber Warren and Elise Ivory. Both partners have a strong understanding of what’s important to our business and work closely with us to deliver outcomes to support our delivery mechanisms in a compliant fashion.’
‘We have worked with Elise Ivory for a number of years and found her to be an exceptional lawyer who has helped us to navigate the complex and ever-changing landscape of banking and finance regulation. She is always on top of the latest developments and provides clear and practical advice that meets our business needs. She and her team are also very responsive and easy to work with.’
Principaux clients
National Australia Bank
Westpac / St George
Bank of Queensland
Qudos Bank
Heritage Bank
Bluestone Mortgages
La Trobe Financial
Angle Auto Finance
Athena Home Loans
Bridgit
Pepper Group
MoneyMe Financial Group
Humm group
OwnHome
BC Invest
Gateway Bank
Wisr
Principaux dossiers
- Undertaking the legal review and approval of all of a large Australian bank’s consumer bank, business bank and wealth marketing collateral.
- Instructed to conduct regulatory due diligence with respect to Pepper’s acquisition of a 65% interest in Stratton Finance.
- Advised Athena in relation to grandfathering its current loan products and introducing a selection of new loan products.
Gadens Lawyers
Clients ranging from large financial institutions to early-stage fintechs turn to Gadens Lawyers for compliant regulatory advice on issues such as product design, disclosure, and remediation programs. The practice is additionally praised for its ‘deep understanding and significant experience in complex regulatory litigation’. Practice chair Kate Mills’ practice extends to mandates related to the regulation of financial and debt markets. Kathy Merrick frequently acts for both private clients and key financial services sector regulators. Liam Hennessy departed in April 2023, while Caroline Ord, who is based in Melbourne, joined from Ashurst in January 2023. Susan Goodman joined in December 2022 from Holding Redlich. Unless otherwise stated, all named lawyers are based in Sydney.
Responsables de la pratique:
Kate Mills
Autres avocats clés:
Kathy Merrick; Edward Martin; Caroline Ord; Susan Goodman
Les références
‘The team has a deep understanding and significant experience in complex regulatory litigation, working on high-profile investigations and litigation, including for regulators.’
‘A delightful team to deal with. Keeps on top of things and very client-focused.’
‘Susan Goodman is lovely to deal with. She really listens to her clients, considers the options available to meet their needs and makes good recommendations.’
Principaux clients
Australia New Zealand Banking Group
Australian Finance Industry Association Limited (AFIA)
Australian Prudential Regulation Authority (APRA)
Australian Securities Investment Commission (ASIC)
Commonwealth Bank of Australia
Credit Union Australia
Judo Bank
National Australia Bank
Realty Assist Australia
Westpac Banking Corporation
Principaux dossiers
- Advised the Australian Finance Industry Association on the development of the Insurance Premium Funding Code of Practice (IPF Code).
- Advised Realty Assist Australia Limited with respect to its transition from a Buy Now Pay Later provider to a licensed provider of credit.
- Acted for the Australian Securities and Investments Commission (ASIC) in five investigations and a set of proceedings into three of the four big banks in Australia.
K&L Gates
K&L Gates’ practice has experience in dealing and interacting with financial services regulators, cross-border transactional expertise and a proven track record of advising fintech clients raging from neobanks to open banking clients on an array of issues. Melbourne-based practice head Jim Bulling has a notable focus on financial product disclosure issues, and Daniel Knight frequently guides fintech start-ups through various regulatory challenges. In Sydney, Kane Barnett is a key contact for clients looking to distribute financial products to the Australian market. Also in Sydney, James Lonie, who joined from HWL Ebsworth in December 2022, is well placed to assist with transactional matters.
Responsables de la pratique:
Jim Bulling
Autres avocats clés:
Daniel Knight; Kane Barnett; James Lonie
Les références
‘The team is well experienced in the area of financial services and related regulation. Their practical experience and ability to proactively engage with the regulator are also features that would make the practice unique and find valuable for potential clients.’
‘The individuals are always keen to understand the business and its needs. This often prepares the business to deal with its strategies and growth plans. Team also has strong practical experience with the industry developments as well as regulator focus areas.’
‘They are always keeping up to date with regulatory changes and also industry developments and have a thorough understanding of the payments landscape.’
Principaux clients
Honda Australia
Medibank Private Limited
PaEML Payments Limited
Novatti Group Limited
Zeller
TrueLayer Limited
Intuit Inc.
CoinJar
Australian Ethical Limited
PIMCO Australia Pty Ltd
AXA Investment Managers Pty Limited
Human Financial
Tiger Brokers (AU) Pty Ltd
Care Super and Spirit Super
Resolution Life Australasia (Formerly AMP Life Limited)
AXA Investment Managers Australia Limited
Centuria Property Funds Limited
Centuria Healthcare (Centuria Capital Group)
Real IS
Commonwealth Scientific and Industrial Research Organisation (CSIRO)
DRC Savills
Stafford Capital Partners
AltX
Funding.com.au
Payton Capital
Paspalis Asset Management Pty Ltd
Frollo
SISS Data Services
Sniip
Funding.com.au Pty Ltd
180 Markets Pty Ltd
Payoneer
Rent.com.au Limited
Verrency Holdings Limited
CoinFlip
Bano
Yodlee
Komdu
Square Peg Capital Pty Ltd
Airtree Ventures
Principaux dossiers
- Assisting CARE Super and Spirit Super jointly in their proposed superannuation fund merger via a successor fund transfer.
- Advised Centuria Diversified Property Fund (CDPF) in connection with its A$269m merger with the Primewest Property Income Fund by way of a stapling of units.
- Assisting Selfwealth Limited with new projects and regulatory compliance (including its launch of cryptocurrency trading).
Maddocks
Maddocks supports clients in a wide range of areas including business establishment and regulation, AFSL and M&A work. The team also assists superannuation funds, private clients and accounting firms with general compliance and regulatory investigations. The Melbourne-based Gina Wilson and Julian Smith share leadership duties. Wilson frequently brings her extensive litigation experience to bear when representing ASIC in the Federal Court, and Smith’s portfolio of work includes advising on financial services regulatory compliance for innovative market entrants such as the fintech Shift Time. Also in Melbourne, Mick Garner has a strong focus on fund management and superannuation issues.
Responsables de la pratique:
Gina Wilson; Julian Smith
Autres avocats clés:
Mick Garner
Principaux clients
Victorian WorkCover Authority
Holden Employees Superannuation Fund
NSW Treasury
Qantas
Cadence Property Group
Shift Time Inc
Octia
ASIC
Principaux dossiers
- Representing ASIC in multiple Federal Court civil penalty proceedings; including against Firstmac for alleged breaches of the design and distribution obligations (DDO) under the Corporations Act.
- Advising the NSW Treasurer in relation to the merger of the defined benefits section of the Energy Industries Superannuation Scheme into the Construction & Building Unions Superannuation Fund.
- Advising international fintech Shift Time in relation to its planned establishment in Australia and the conduct of its financial operations.