News & Analysis as of

Australia Financial Institutions

K&L Gates LLP

Combatting Scams in Australia, Singapore, China and Hong Kong

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The increased reliance on digital communication and online banking has created greater potential for digitally-enabled scams. If not appropriately addressed, scam losses may undermine confidence in digital systems, resulting...more

K&L Gates LLP

Australia: APRA Proposes Reforms to Strengthen Governance Standards

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The Australian Prudential Regulation Authority (APRA) has proposed reforms to strengthen core prudential standards and guidance on governance, currently set out in SPS 510 Governance, SPS 520 Fit and Proper, and SPS 521...more

Jones Day

Australia Passes Landmark Scam Prevention Legislation

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On 13 February 2025, the Australian Federal Parliament passed the Scams Prevention Bill 2025 (Cth) ("Bill"), the first of its kind worldwide....more

K&L Gates LLP

Australia: Compensation Scheme of Last Resort (CSLR)

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Underfunded From Inception - The operator of CSLR has released the latest actuarial report commissioned on the scheme and the initial estimates of projected levies for 2025 / 26 (3rd levy period), triggering widespread...more

K&L Gates LLP

Australia: ASIC Prepares Guidance Following the Release of BNPL Regulations

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On 5 February 2025, the Australian Government (via the Department of Treasury) released an exposure draft on the National Consumer Credit Protection Amendment (Low Cost Credit) Regulations 2025 (draft Regulations). The draft...more

K&L Gates LLP

Financial Abuse and the Need for Better Financial Services Regulation

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In December 2024 the Parliamentary Joint Committee on Corporations and Financial Services (the Committee) published a Report following an inquiry into how well the existing financial services regulatory framework is...more

A&O Shearman

Business email compromise and invoice fraud – a duty of care on the innocent?

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The Western Australian District Court’s recent decision in Mobius Group Pty Ltd v Inoteq Pty Ltd1 highlights the potential consequence for the innocent party where fraudulent changes in bank details are sent from their...more

K&L Gates LLP

BNPL Regulation Takes the Final Step in Australia

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On 29 November 2024, the Australian Parliament passed the long-awaited Treasury Laws Amendment (Responsible Buy Now Pay Later and Other Measures) Bill 2024 (Bill)....more

K&L Gates LLP

How Do Your Internal Dispute Resolution Processes Stack Up?

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Financial firms are required to maintain clear internal dispute resolution (IDR) processes to allow customers to seek redress where they are dissatisfied with the firm’s products or services. Access to fair, timely and...more

A&O Shearman

Is life returning to the private equity exit market?

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Following a period in which financial sponsors have struggled to realize an acceptable prices for their assets, signs point towards a brighter outlook for 2025. At the start of 2024 private equity firms were hoping that...more

K&L Gates LLP

Australian Treasury Proposes New Consumer Data Right Rules for Non-Bank Lenders

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The Australian Treasury released an Exposure Draft on 26 November 2024 (Amending Rules) proposing amendments to the Competition and Consumer (Consumer Data Right) Rules 2020 (CDR Rules). Whilst the government designated the...more

K&L Gates LLP

Australia: AI and Your Obligations as an Australian Financial Services Licensee

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As Artificial intelligence (AI) continues to be adopted and used by Australian Financial Services (AFS) licensees broadly, it has become increasingly evident that many licensees’ deployment of AI falls short of their existing...more

K&L Gates LLP

September 2024 ESG Policy Update – Australia

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Australian Update - Climate-Related Disclosures Legislation Passed - The Treasury Laws Amendment (Financial Market Infrastructure and Other Measures) Bill 2024 (Cth) passed Parliament on 9 September 2024 and received Royal...more

K&L Gates LLP

July 2024 ESG Policy Update—Australia

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Australian Update - Proposed Code of Practice to Reduce Modern Slavery Through Lending, Investment and Asset Management - The New South Wales (NSW) Anti-Slavery Commissioner (Commissioner) recently released its discussion...more

Jones Day

Australian Financial Services Regulatory Update | January-June 2024

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Recent legal and regulatory developments, including the joint release of APRA and ASIC guidance concerning the new Financial Accountability Regime, APRA's announcement that it will publish superannuation expense data to...more

K&L Gates LLP

April 2024 ESG Policy Update—Australia

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Australian Update - Australian Competition and Consumer Commission Enforcement Priorities for 2024-2025 - The Australian Competition and Consumer Commission (ACCC) has announced its enforcement and compliance priorities for...more

K&L Gates LLP

Not That FAR Away

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On 15 March 2024, the Financial Accountability Regime (FAR) came into effect for authorised deposit-taking institutions (ADIs), replacing the Banking Executive Accountability Regime (BEAR). Unlike the BEAR, application of the...more

K&L Gates LLP

March 2024 ESG Policy Update—Australia

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Australian Update - Australian Securities and Investments Commission Continues Greenwashing Enforcement Efforts - On 28 February 2024, the Australian Securities and Investments Commission (ASIC) reported that an outsourced...more

Mitratech Holdings, Inc

Compliance Down Under: Understanding Australian Regulation CPS 230

The Australian Prudential Regulation Authority (APRA) released Prudential Standard CPS 230 in March 2017. At a glance, the regulation aims to strengthen the cybersecurity resilience and operational risk management of the...more

A&O Shearman

How to De-bank Customers Legally and Fairly: Lessons from Beyond Bank

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Occurrences of de-banking have reportedly been increasing over the last decade1 as financial institutions seek to adapt to a changing regulatory and financial landscape. However taking such steps poses risks to financial...more

White & Case LLP

Flexibility is key: Australia’s leveraged finance market rises to the challenge

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Sponsors hope increasing competition and the flexibility of Australia’s leveraged finance market will provide increasing optionality during challenging times - Just over a year ago, TPG broke new ground with an AUD$1.5...more

Seward & Kissel LLP

Economic Sanctions and the Russian Oil Price Cap Policy

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Background - As the Russia-Ukraine war approaches its one-year anniversary with no end in sight, U.S., EU and UK authorities, among other nations, continue to exert calculated but sustained pressure on the Russian...more

K2 Integrity

Implementation of the Russian Oil Price Cap and Key Compliance Considerations

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As the Russian invasion of Ukraine continues, so too does Russia’s isolation from the West. Member nations of the Group of Seven (G7)—the United States (U.S.), Canada, France, Germany, Italy, Japan, and the United Kingdom...more

Jones Day

Australian Financial Services Regulatory Update | Q3–Q4 2022

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This edition of the Update covers: Recent legal and regulatory developments, including guidance to APRA-regulated entities following the cyber attacks on Medibank and Optus, the release of the inaugural Climate...more

Hogan Lovells

Global Payments Newsletter, October 2022

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Key developments of interest over the last month include: the UK Payment Systems Regulator’s proposals on mandatory reimbursement for APP fraud; the Central Bank of Ireland’s announcement of a review of the Consumer...more

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