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
Lenders Beware - When A High Interest Rate May Be Void As A Penalty
When does a high default interest rate cross the line from legitimate compensation to an unenforceable penalty? A recent NSW Supreme Court case examines the principles governing default interest provisions in loan agreements, revealing the critical factors lenders must consider when structuring their interest rate terms. The decision provides essential guidance on what evidence lenders need to justify material increases in default rates and how courts will assess whether such provisions constitute genuine p
Australia Finance
BP
Bartier Perry
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
Net Tangible Asset Requirement Set To Increase For Responsible Entities
ASIC is set to increase the net tangible assets requirements for responsible entities of registered managed investment schemes, IDPS operators, and corporate directors of retail CCIVs, with changes taking effect from 1 July 2027. The updated thresholds will reflect inflation adjustments since 2013 and will be indexed annually going forward. Entities impacted by these regulatory changes will need to ensure compliance with the new minimum financial requirements before the implementation date.
Australia Finance
KG
K&L Gates LLP
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
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