Practice Expertise
- Finance
Areas of Practice
- Finance
Profile
Through my work, I support clients with product development, disclosure, and operational policies and procedures, including credit, financial services and banking licence applications.
My deep experience as a transactional finance lawyer allows me to provide a commercial perspective for the operation of regulatory obligations. Clients value my continued assistance in transactional lending, especially where the borrower is operating in a heavily regulated environment such as managed investment schemes, agribusiness and consumer credit.
Career highlights
- Credit Union Australia – assisted in bringing its new credit card to market, including managing outsourcing arrangements, terms and conditions, cardholder benefits programs and a review of key origination processes
- Asian bank – advised regarding its foreign branch application to the Australian Prudential Regulation Authority, including assisting with risk and compliance frameworks and related policies and procedures
- National Australia Bank (NAB) – acted for NAB as it set up inventory financing facilities for Accor Vacation Club and APVC Finance Pty Ltd to fund a regulated loan book for finance club members
- Subsidiary of a publicly listed entity – counselled in relation to applications for an Australian Credit Licence and Australian Financial Service License regarding a new credit business. Also acted for a foreign listed entity on a similar project
- Club banks – acted for in relation to core debt funding to the Australian Agricultural Company
- Challenger – assisted with its acquisition of a regulated reverse mortgage loan portfolio (now known as Arise)
- Aveo – acted in relation to core debt facilities for its retirement villages
Since 2015, I have been a Director of Global Sisters Limited, which now receives support through MinterEllison’s pro bono program.
I have been Chair of the Banking and Financial Services Law Committee of the Queensland Law Society since 2011.
Education
B.Econ, LLB(Hons), LLM
Areas of Practice
- Finance
Professional Career
Articles
- What to expect from AUSTRAC if you're in their sights
Recent reports of the ongoing case between AUSTRAC and CBA highlight importance of good governance.
- Targeting predatory lending: Two new product intervention orders now in force
Two new product intervention orders now in force impose conditions on the issuing of short term credit and continuing credit contracts to retail clients.
- Proposed reforms to the regulation of Australian payment systems
Consultation has opened on draft legislation that if enacted, would 'modernise' the regulation of payment systems in Australia by laying the groundwork to enable regulation of new (and future) payment methods. Here are the key points.
- Consumer protection is key: Assistant Treasurer outlines the government's position on SACCs, BNPL regulation and Responsible Lending
Our key takeaways from Assistant Treasurer Stephen Jones' address to the Responsible Lending and Borrowing Summit
- FAR preparation for the insurance and super sectors
The Financial Accountability Regime (FAR) Bill and its associated rules have been passed, setting new accountability standards for the banking, insurance, and superannuation sectors starting from March 2024, with regulators releasing detailed guidelines and transitional rules.
- APRA's new operational risk standard finalised
The Australian Prudential Regulation Authority (APRA) has released its long-awaited new cross industry prudential standard - CPS 230 Operational Risk Management (CPS 230) – to 'strengthen the management of operational risk across APRA’s regulated population'. APRA has also opened consultation on draft guidance to support implementation. Here's what you need to know.
- BNPL reform: Tighter regulation of the BNPL sector on the way?
Treasury is consulting on three potential options for the future regulation of the buy now pay later (BNPL) sector. We summarise the key points
- 2024: Licence to crypto
The Australian government has released proposals to regulate digital asset platforms in Australia
- COVID-19: Easier faster access to credit for small business
New regulations implementing a temporary 6 month exemption from responsible lending obligations for Australian Credit Licensees are now in force. We've summarised the new measures below and provided some insights into the implications industry.
- Targeting predatory lending | ASIC consults on extending two product intervention orders
ASIC is proposing to extend two product intervention orders imposing conditions on the issuing of short term credit and continuing credit contracts to retail clients.
- Government consults on 'tranche 2' reforms to AML/CTF regime
Following years of reviews, recommendations and debate, Government has released a consultation paper to implement 'tranche 2' of Australia's anti-money laundering and counter-terrorism financing regime.
- Australia to catch the tail of the crypto and payments tiger in 2022
The Australian Government is to consult on significant changes to future-proof the payment systems regulatory framework.
- FAR implementation | Financial Accountability Regime (Minister Rules) 2024 published
Who is an 'accountable person' under the FAR and when will accountable entities meet the 'enhanced notification' threshold? Here's what's in the long-awaited Financial Accountability Regime (Minister Rules) 2024
- ASIC is 'ready and willing' to use its new product intervention powers
ASIC has deployed its new product intervention power for the first time to target a specific short term lending model that it considers causes 'significant consumer detriment' to vulnerable customers. - Australia set to regulate cryptocurrency and digital assets
The Senate Select Committee on Australia as a Technology and Financial Centre's recommendations plant the seed for future regulation around cryptocurrencies, digital assets and fintech in Australia.
- FAR transition | Regulators issue final Rules
ASIC and APRA have finalised new Rules setting out what information they need from ADIs about their Accountable Persons (APs) at the 'transition point' from the BEAR to the FAR - Financial Accountability Regime (Consequential Amendments) Transitional Rules 2024 (Transitional Rules) - and confirming the information to be included in the FAR register of accountable persons -Financial Accountability Regime Act (Information for register) Regulator Rules 2024 (Regulator rules). Here's what you need to know.
- New AML/CTF Bill impacts real estate sector
The long-awaited Bill foreshadowing new significant AML/CTF obligations for real estate and professional services has arrived.
- Changes to responsible lending on the way
The Senate Economics Legislation Committee has paved the way for substantial changes to Australia's responsible lending laws.
- Order up! ASIC expands its menu of product intervention orders
ASIC made a product intervention order on 22 October that imposes conditions on the issue and distribution of contracts for difference (CFDs) to retail clients. We've summarised the key aspects of the order and provide our take on the implications.
- Targeting predatory lending: ASIC consults on two product intervention orders
Overview of the proposals in CP 355 Product Intervention Orders: Short term credit and continuing credit contracts
- What do changes to unfair contract terms mean for financial service providers
The federal government has passed amendments to strengthen and clarify the existing unfair contract terms provisions, and reduce the prevalence of unfair contract terms in consumer and small business standard form contracts. This has specific implications for financial services providers.
- Proposed framework for regulating digital asset platforms released
Consultation has opened on a proposed framework for regulating digital asset platforms. Here are the key points.
- ASIC's first insights from the Reportable Situations Regime
ASIC has published its first insights into the reportable situations regime which came into effect on 1 October 2021.
- Tightening BNPL regulation: BNPL products to be regulated as credit products
Following consultation on potential options to strengthen BNPL consumer protections, the government has announced next steps. Our key takeaways are below
. - APRA's final guidance on CPS 230: What you need to know
APRA's final guidance outlines crucial updates and the timeline for implementing operational risk management in APRA-regulated entities.
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