9th Annual Credit Law Conference

Join industry leaders, key regulators and legal experts to examine the practical implications of the current reform agenda currently facing the banking and financial services industry. Hear a keynote address from the Minister for Financial Services and benefit from a unique panel discussion featuring a cross-section of industry associations and consumer bodies to explore financial difficulties and hardship and the required industry response. Unpack legislative reforms being implemented that impact privacy, security of information and identity management, cybersecurity, data breaches, SoCI and BNPL. Gain insight into effective complaint management at AFCA and ensure that you are aware of requirements for sustainable reporting and the latest trends in sustainable investments.

Thursday, 29 August 2024
Early Bird Discount ends 2 Aug 2024 $556.50
Description

Attend and earn 7 CPD units including:
4 units in Substantive Law
3 units in Professional Skills

This program is applicable to practitioners from all States & Territories


Endorsed by Australian Finance Industry Association
Endorsed by Finance Brokers Association of Australia

3.40pm to 3.55pm Afternoon Break
4.35pm to 5.15pm Implications of the Most Recent Cases Affecting the Credit
Session 1: Reducing Risk of Liability: Financial Services Regulatory Reform and the Implications of AI


Chair: 
Andrea Beatty, Partner, Piper Alderman; Author of ‘Annotated National Credit Code’, the ‘Australia’ chapters in the ‘Consumer Finance Law Review’ and the ‘Banking Regulation Review

Professional Skills
9.20am to 10.15am Future of Credit Under AI and New Technology


Business bankers are navigating unprecedented challenges, including high interest rates, rising operating costs, and deteriorating credit quality. Industry leaders are adopting innovative strategies centered on leveraging both predictive and generative AI to drive growth and profitability.  

  • Discover how banks can embed AI across their operations to deepen customer relationships, enhance performance, and achieve sustainable growth

Presented by Gordon Campbell, CCO and Co-Founder of Rich Data Co

11.10am to 11.25am Morning Tea
11.25am to 12.20pm Cybersecurity: Compliance with Cybersecurity Regulations and Breach Reporting Requirements

 

  • Security of Critical Infrastructure (SoCI) framework
    • The role of SOCI legislation in the overall cybersecurity regulatory landscape
    • Complying with  S0CI and the Critical Infrastructure Resilience Strategy
  • CPS230 Operational Risk Management Standard
    • Interaction with  SoCI
    • Compliance by 2025 deadline
  • The role of governance across all of the cybersecurity obligations
  • Data breach and reporting cyber incidents

Presented by Steven Klimt, Partner, Clayton Utz; Recognised in Best Lawyers Australia for Banking and Finance (2013-2024), Government (2021-2024) and Regulatory Practice2014-2024); and Craig Subocz, Partner, Piper Alderman

Session 2: Navigating Current Challenges: AFCA Complaints, Financial Hardship and Sustainable Reporting


Chair: 
George Halikiotis, Principal, Piper Alderman

10.15am to 11.10am Privacy Law Reform: Status Update and Implications for Credit Providers


The privacy landscape is the subject of debate and change. This is in part due to the review of the Privacy Act 1988 and many reforms in adjacent areas such as security and identity management. Privacy has also been the subject of significant enforcement activity by the regulators and the subject of litigation. Some current key issues and their implications for credit providers are:     

  • Definition of personal information and why it matters for credit providers and providers of credit risk related services
  • ‘Fair and reasonable test’ and scope of application
  • New causes of action and how this may impact credit providers and their clients
  • Lessons learned from recent incidents and enforcement activity such as Optus, Medibank and Latitude     

Presented by Olga Ganopolsky, General Counsel Privacy & Data, Macquarie Group; Chair Privacy Committee Business Law Section Law Council of Australia

12.20pm to 1.15pm Buy Now Pay Later: Implications of Guidance and Reforms

 

  • AFIA’s Industry Guidance on BNPL
  • Draft legislation
  • Economic impacts of BNPL

Presented by Sebastian Reinehr, Senior Policy Director, Australian Finance Industry Association (AFIA)

Professional Skills
2.00pm to 2.40pm An Insight from AFCA: Effective Complaint Management

 

  • Overall AFCA update
  • The lifecycle of a complaint made to AFCA regarding a disputed transaction
  • Tips to facilitate effective complaint management

Presented by Katrina Hack, Head of Service Delivery – Banking, Australian Financial Complaints Authority (AFCA)

Professional Skills
2.40pm to 3.40pm Implications of Customer/Consumer Financial Difficulties in the Current Climate


As increasing numbers of Australians struggle with cost of living pressures, the issue of financial difficulties and financial hardship, and the role that financial institutions play in this arena, has been highlighted in the press and in industry guidelines.

Join a review of the issues that they see consumers facing, the industry response and further improvements that need to be addressed

  • Industry overview of financial hardship implications for banking and financial services industry players
  • Navigating enabling access to help - What help is available?  Both formal and informal assistance
  • Areas for improvement in this arena
  • Alternative


Facilitator: Ian Lockhart, 
Partner, MinterEllison; Co-author of ‘Banking and Finance’ chapter in Financial Services Loose Leaf Service

Panellists:
Neva Skilton, Senior Ombudsman, Australian Financial Complaints Authority (AFCA)
Alexandra Kelly, Director of Casework, Financial Rights Legal Centre
Steve Blinkhorn, Director Legal Affairs, Australian Banking Association (ABA)
Peter White AM, Managing Director, Finance Brokers Association of Australasia (FBAA)

9.00am to 9.20am Keynote address

The Hon Stephen Jones MP, Assistant Treasurer and Minister for Financial Services 

3.55pm to 4.35pm Sustainable Reporting and Sustainable Investments

 

  • Latest developments in climate and sustainability reporting
  • Nature positive as the new net zero
  • Developments in sustainability investments: managing climate impact, carbon markets and the road to net zero
  • What’s next for climate and nature disclosure

Panellists: 
Lisa Koch, Partner, Norton Rose Fulbright
James Morris, Partner, Norton Rose Fulbright 
Elisa de Wit, Partner, Norton Rose Fulbright 
Rebecca Hoare, Partner, Norton Rose Fulbright

Presenters


The Hon Stephen Jones, Minister of Financial Services,
Stephen Jones is the Federal Member for Whitlam and Shadow Assistant Treasurer and Shadow Minister for Financial Services. Stephen was first elected to the Federal Parliament in 2010 representing the Southern Illawarra seat of Throsby. He was re-elected at the 2013 election and elected to the re-named seat of Whitlam in the 2016 election. Stephen holds a Bachelor of Arts degree from the University of Wollongong and a Bachelor of Laws degree from Macquarie University. Prior to entering the Federal Parliament he worked as a community worker for various front line disability services, youth and health services and as a lawyer with the Australian Council of Trade Unions (ACTU) and as the Secretary of the Community and Public Sector Union (CPSU).


Ian Lockhart, Partner, MinterEllison
Ian is a finance partner in the Brisbane office of MinterEllison and acts for Australian and foreign banks, credit unions and mutual banks, government and listed entities. His practice spans consumer credit, privacy, financial services, licensing, compliance with APRA prudential standards and anti-money laundering and counter terrorism financing compliance. His background in corporate finance also means that he can also bring a transactional perspective to the application of regulatory compliance obligations. Ian is a current member of the Banking and Financial Services Law Committee of the Queensland Law Society and served as the chair of that committee until recently for a period of 6 years.


Neva Skilton, Senior Ombudsman, Australian Financial Complaints Authority (AFCA)
Neva Skilton is a senior ombudsman in AFCA’s small business and transactions team. She has a wealth of knowledge across all the different types of banking products, but specialises in transaction-based complaints, which includes scam complaints. Neva investigates and decides some of AFCA’s most complex scam complaints. She engages regularly with all sectors of the community about scams and the impact they have on both consumers and industry. Neva has held a variety of roles at AFCA, and its pre-decessor scheme, the Financial Ombudsman Service (FOS). Prior to joining FOS, Neva worked as a solicitor at a large commercial law firm, specialising in general insurance.


Alexandra Kelly, Director of Casework, Financial Rights Legal Centre


Andrea Beatty, Partner, Piper Alderman
Andrea specialises in financial services, banking and corporate law. Andrea brings legal capability and insight into regulatory matters, corporate governance, compliance and risk management. She assists her clients to adapt to the changing regulatory landscape to ensure they meet the expectations of their customers and shareholders and regulators. Andrea’s expertise extends to designing and conducting a broad range of financial services training for financial services providers, their senior executives and responsible managers, legal & compliance officers, consumer advocates and lawyers. Andrea advises domestic and foreign institutions on acquiring financial services and credit licences and exemptions. She specialises in advising on structuring and establishing financial services and credit businesses including licence obligations, drafting plain English documents, procedures, systems audits and online web application processes. She also advises on regulatory compliance projects and audits, regulatory enforcement defences, and regulator investigations and disputes. Andrea’s experience includes advising clients on financial products and channels, including FinTech solutions, peer to peer lending platforms, crowd funding, payment systems, crypto currency, reward programs, gift cards and financial services acquisitions, disposals and alliances. Andrea also has in-depth knowledge of privacy laws and regularly advises clients on data and privacy security and breach remediation. Andrea regularly develops and conducts independent reviews of AML/CTF programs. Andrea regularly conducts training programs and full day workshops for clients including Australian Credit Licence and Australian Financial Services Licence compulsory responsible managers training, privacy training, regulatory updates and “Back to Basics” credit law, privacy, anti-money laundering and other training workshops. Andrea is widely published and her authorships include 7 editions of the leading consumer law text ‘Annotated National Credit Code’ the most recent edition published on 22 December 2003 by LexisNexis, the ‘Australia’ chapters in the ‘Consumer Finance Law Review’ and the ‘Banking Regulation Review‘ (The Law Reviews, Law Business Research Ltd UK). Andrea is also a member of numerous financial services professional associations. She is the Deputy Chair of the Law Council Business Law Section Privacy Committee.


Gordon Campbell, CCO and Co-Founder of Rich Data Co
Gordon has been actively involved in product strategy and product development within three international software organisations, driving new capabilities from inception to market. He has extensive experience over all phases of the business solution lifecycle. As a senior industry solution director at Oracle, Gordon focused on transformation and innovation. He was responsible for all pillars of technology and applications with various executive and IT teams from companies including Westpac, NBNCo, AMP, Sydney Water, and Origin Energy. At Amdocs, Gordon worked on transformations and architecture in companies throughout Asia Pacific region. Gordon’s career began in chartered accountancy in New Zealand, and in parallel he undertook his ACA studies and later completed a CPIM, as well as leading an ISO9001 certification.


Olga Ganopolsky, General Counsel Privacy & Data, Macquarie Group
Olga Ganopolsky is Macquarie Group’s General Counsel - Privacy and Data and is versed in the subject of data protection with extensive experience in detailed privacy policy challenges, law reform and ongoing management of legal and strategic issues. Much of Olga’s work involves implementing new technologies and addressing privacy requirements in an increasingly complex co-regulatory and sometimes contentious environment. Most recently this has included work on implementations of GDPR and the reforms to Security of Critical Infrastructure Act and related regimes, artificial intelligence, CPS 234, Covid-19 related matters, the Consumer Data Right and addressing cross border issues considering the Schrems II Decision of the European Court of Justice and the newly updated Standard Contractual Clause as approved by the Commission.


Steven Klimt, Partner, Clayton Utz
Steven has been practising in the retail banking and financial services area for over 30 years. His practice covers documentation, procedures, forms and systems, and financial services regulatory issues including consumer credit, anti-money laundering. payment systems and privacy.. His clients include many of Australia's leading financial institutions, Fintechs and finance companies. Steven is a contributing author to the CCH Australian Consumer Credit Law Reporter. He has been ranked in Best Lawyers Australia in Banking and Financial Services and Regulatory Practice for many years.


Craig Subocz, Partner, Piper Alderman
Craig is an intellectual property and technology lawyer with expertise in all facets of IT contracting and procurement, including advising on competitive procurement processes and the preparation and negotiation of supply and service contracts, such as anything-as-a-service, agile software development, hardware supply and maintenance contracts and managed services arrangements. He has also worked with clients to develop terms of use for electronic commerce platforms. Craig is experienced in data security and information privacy matters, such as preparing privacy and credit reporting policies, employee procedures and data breach response plans, as well as delivery of privacy training. Craig has a broad knowledge of Victorian and Commonwealth privacy laws, as well as the GDPR. Craig has advised a number of clients on compliance with the mandatory data breach notification requirements under the Privacy Act, including whether a data breach is notifiable and the preparation of notifications and applications for exemption from notification requirements. As a registered trade mark attorney, he has routinely advised and represented clients in relation to intellectual property protection, commercialisation and enforcement. Craig has worked with clients to recognise and protect their valuable intellectual property assets, including identifying those assets and taking steps to protect the assets through registration (if available). He has prepared and negotiated commercialisation agreements, including licence agreements, collaboration agreements and research and development agreements.


George Halikiotis, Principal, Piper Alderman
George has been providing specialist legal advice to the corporate and commercial sector for over 23 years. He has an outstanding reputation for his expertise in capital raising, restructuring, business succession planning and mergers & acquisitions. George is also highly skilled in superannuation law compliance, asset protection strategies and estate planning. His practice has evolved to meet the changing needs of his clients such as boutique capital and corporate advisory firms, SME’s, financial planning practices and high net worth individuals.


Sebastian Reinehr, Senior Policy Director, Australian Finance Industry Association (AFIA)
Sebastian Reinehr is Policy Director at the Australian Finance Industry Association (AFIA). AFIA is the only peak body representing Australia’s entire $360 billion finance industry, proudly voicing the views of our over 150 members. Sebastian manages submissions and advocacy spanning credit law, regulatory affairs, privacy and sustainability. Before joining AFIA Sebastian was a Senior Adviser to a NSW Cabinet Minister and previously served as an Adviser to the Victorian Leader of the Opposition. He has spent a decade working in public policy settings, across universities, think tanks and political offices, and has appeared as an expert witness before the Senate Economics Legislation Committee. Sebastian holds a Bachelor of Arts in Politics and Juris Doctor, both from the University of Melbourne.


Katrina Hack, Head of Service Delivery – Banking, Australian Financial Complaints Authority (AFCA)


Steve Blinkhorn, Director Legal Affairs, Australian Banking Association (ABA)
Steve Blinkhorn is the Director of Legal Affairs for the Australian Banking Association, based in Sydney. The ABA is an association of 20 member banks in Australia and works with government, regulators, and other stakeholders to improve public awareness and understanding of the industry’s contribution to the economy and, to ensure Australia’s banking customers continue to benefit from a stable, competitive, and accessible banking industry. Steve is primarily responsible for leading the ABA’s response to the Banking Code of Practice review, in addition to assessing competition, insolvency, and freedom of information law requirements. Steve appeared at the Parliamentary Joint Committee Inquiry on Corporate Insolvency in February 2023 and in October 2022, collaborated with Treasury and Regulators to amend the Telecommunications Act and enable the sharing of data with APRA regulated entities to enhance protections for bank customers following the Optus data breach.


Peter White AM, Managing Director, Finance Brokers Association of Australasia (FBAA)
Pete is the Managing Director of the FBAA, and first started as a volunteer with the FBAA in 2003. Peter’s banking and finance career spans over 45 years covering retail banking, Head of Private Banking, Associate Director of Marketing and Distribution in Investment Banking, established RAMS Home Loans first sales office in 1993, and has run mortgage management businesses and has had several broking businesses of his own. A strong and passionate advocate for industry, Peter spends a significant amount of time with regulators and government, as well as being a Registered Lobbyist in his own right, and is the leading advocate and Ambassador for Mental Health Awareness in our finance industry which he started that awareness conversation in 2016. In 2018 Peter established and is the current Global Chairman for the IMBF (International Mortgage Brokers Federation) which is a collaboration of industry associations in 6 countries and is a world's first of its kind. He also sits on the Small Business Association of Australia's Advisory Board, and is a champion and campaigner for the mental health issues & needs of parents with Special Needs Children. Peter was recognised in the 2019 Queens Birthday Honours with an “AM” Member of the Order of Australia for significant services to industry and the community. And in 2021 was awarded in the Australian Broking Awards as the ‘Industry Thought Leader of the Year’ and in 2022 ‘Wellness Advocate of the Year, then in 2022 and 2023 recognised as MPA Global Top 100 mortgage influences, and in 2024 awarded the inaugural 'YBR/Vow Appreciation Award for Services to Industry’.


Lisa Koch, Partner, Norton Rose Fulbright


Elisa de Wit, Partner, Norton Rose Fulbright
Elisa de Wit is an environment and planning, and climate change lawyer based in Melbourne. She heads the Australian climate change practice. Elisa’s environmental experience includes advising on various environmental permitting regimes, including waste management, pollution control and discharge consents, representing clients in connection with environmental offences or breaches of environmental legislation and undertaking substantial due diligence exercises. She also has significant experience advising in relation to contaminated land, both in the context of property and corporate transactions and in relation to liability issues. Elisa’s expertise also extends to town planning and covers strategic advice, legal representation at tribunal and court hearings and negotiation of contractual documents for a wide range of developments including retail, residential, commercial, mixed use renewable energy facilities, landfills, incinerators, waste transfer stations, industrial plants, quarries and mining sites. Elisa has a detailed understanding of the National Greenhouse and Energy Reporting Scheme (NGERS), the Carbon Farming Initiative (CFI), Emissions Reduction Fund (ERF), the Renewable Energy Target (RET) and the Safeguard Mechanism and has provided extensive advice to a wide range of clients on the obligations and opportunities which flow from NGERS, ERF and RET. In conjunction with RAMP Carbon, Elisa authored “Implementing the Carbon Farming Initiative – A Guide For Business” on behalf of the Carbon Market Institute. Elisa is the author of the CFI chapter for the Lexis Nexis Clean Energy Law in Australia service and was also an author of the CFI Legal and Contracts Guide prepared with funding from the Commonwealth Government’s CFI Extension and Outreach program, which was published in February 2014.


Rebecca Hoare, Partner, Norton Rose Fulbright
Rebecca Hoare is an environment and planning lawyer based in Brisbane. Winner of the 2008 UDIA Women in Development Excellence Award for her achievement in environmental law, Rebecca's principal areas of expertise are environmental, climate change, native title, cultural heritage and planning law. Her deep interest in environmental law has led her to focus particularly on this area. Rebecca has undertaken complex environmental due diligence for many development, infrastructure and resources and energy clients. This work involves forensic analysis of legislation relevant to the client's business and identifying legal and commercial risks that could arise from the application of such legislation. Rebecca provides high level and detailed advice to clients during the start up phase of their project to ensure that all required environmental planning approvals are identified and obtained and other environment risks are managed. Environmental enforcement agencies are proving themselves more willing to investigate and enforce potential non-compliance. Rebecca has a great deal of experience in assisting clients and their staff during this often difficult time. Her relationships with the enforcement agencies allow her to work constructively with these agencies in the interests of the client. Rebecca has a particular interest in climate change. She assists clients to take advantage of business opportunities which arise out of the latest developments in this area.


James Morris, Partner, Norton Rose Fulbright

248N18

9th Annual Credit Law Conference

CHOOSE YOUR SESSION AND
DELIVERY MODE BELOW

All Sessions
Thursday, 29 August 2024
9.00am to 5.15pm Australia/Sydney
CPD Points 7
$795.00
$795.00
Early Bird Discount ends 2 Aug 2024 $556.50
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Morning Session
Thursday, 29 August 2024
9.00am to 1.15pm Australia/Sydney
CPD Points 4
$505.00
$505.00
Early Bird Discount ends 2 Aug 2024 $353.50
Face to Face 20240722 20240829

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Afternoon Session
Thursday, 29 August 2024
2.00pm to 5.15pm Australia/Sydney
CPD Points 3
$420.00
$420.00
Early Bird Discount ends 2 Aug 2024 $294.00
Face to Face 20240722 20240829

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Online 20240722 20240829

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Venue
Cliftons - Spring Street

Level 3, 10 Spring Street, Sydney

Directions

Nearby Public Transport: 

Train Stations - Wynyard 400m OR Martin Place 500m

Bus Interchange - Clarence Street 450m

Parking Information

Parking not included in you registration. Here are some options below.

Secure Park 20 Bond Street - click here for rates
Wilson Park 1 O'Connell Street - click here for rates