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 an update from ASIC with a Q&A session included.  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. Lastly, delve into recent regulatory proceedings in credit and financial services.

Thursday, 29 August 2024
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 Key Takeaways From Recent Civil Penalty Proceedings of Interest

 

Receive your download of recent decisions of interest in regulatory proceedings in credit and financial services, including decisions concerning the Design and Distribution Obligations regime, and credit licensees’ contraventions of the National Consumer Credit Protection Act 2009 (Cth).   Presented by Frank Tao, Barrister, Ninth Floor Selbourne Chambers

 

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
  • Data breach and reporting cyber incidents
  • CPS230 Operational Risk Management Standard
    • Interaction with  SoCI
    • Compliance by 2025 deadline
  • Proposed Cyber Security Act requiring businesses to disclose cyber ransom payments
  • Anticipated changes to assessment and notice timeframes for data breaches under the Privacy Act 

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

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


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, with reforms to the 
Privacy Act 1988 due to be announced shortly..   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:      

  • Status of the reform program and key issues such as:
  • 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 in Australia such as Optus, Medibank and Latitude and the UK and EU.   

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 ASIC Update: Areas of Strategic Focus in Consumer Credit

 

  • Product design 
  • Financially vulnerable consumes and predatory conduct 
  • Recent industry reviews 
  • Q&A 

Presented by: Anthony Thompson, Senior Manager, Credit, Banking and General Insurance, ASIC 

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:
Tami Sokol, Ombudsman, Australian Financial Complaints Authority (AFCA)
Alexandra Kelly, Director of Casework, Financial Rights Legal Centre
Steve Blinkhorn, Director Legal Affairs, Australian Banking Association (ABA)

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 
Matthew Thornton-Dibb, Special Counsel, Norton Rose Fulbright

Presenters


The Hon Stephen Jones, Minister of Financial Services,
Stephen Jones is the Federal Member for Whitlam and Assistant Treasurer and 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
Alexandra is the Director of Casework at the Financial Rights Legal Centre, a community legal centre that specialises in helping consumer's understand and enforce their financial rights, especially low income and otherwise marginalised or vulnerable consumers. Alexandra has a Bachelor of Laws (LLB) from The Australian National University, a Master of Laws (LLM) from The University of Sydney and is a graduate member of the Australian Institute of Company Directors.


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.


Katrina Hack, Head of Service Delivery – Banking, Australian Financial Complaints Authority (AFCA)
Katrina has a 29-year career in the Financial Services sector. Katrina has occupied diverse leadership positions within prominent organisations, including NAB and ANZ. Her leadership has been characterised by a proactive involvement in critical areas such as acquisitions, system design, and strategic process transformations. In January 2022, she joined AFCA, commencing her tenure as Senior Manager of Insurance before being appointed into the Head of Service Delivery role for Banking and Finance.


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. In addition to assessing competition, insolvency, and freedom of information law requirements, Steve has been primarily responsible for updating the ABA’s new Banking Code of Practice which was approved by ASIC in June 2024 and is effective from February 2025.


Lisa Koch, Partner, Norton Rose Fulbright
Lisa Koch is a finance lawyer based in Sydney, where she is the Head of Office. She co-leads the Asia-Pacific Projects team, and leads the project finance team in Australia. Lisa is a recognised lawyer for Project Finance, Banking and Finance and Natural Resources in the Asia-Pacific Legal 500. She is qualified to practice in Australia (NSW), England and South Africa. Lisa advises on project finance and related transactions including acquisition and corporate finance primarily across natural resources, energy and infrastructure. Lisa has significant experience on complex cross-border and international transactions, with a particular focus on finance transactions in developing countries. A significant part of her practice is focused on energy transition and sustainability finance, including the financing of carbon offset generation projects.


James Morris, Partner, Norton Rose Fulbright
James Morris is a banking and finance partner based in Sydney. He is the head of our Australian Debt Capital Markets practice and the co-lead of our Australian Financial Services team. James’ practice spans a number of fields, offering more than 20 years experience. He is highly experienced with domestic and international debt capital markets (as the head of our Australian team) and cross border corporate, trade and structured finance. He is also one of Australia’s leading financial services regulatory advisors, providing complex advice to major Australian and international banks, global payments system providers and other institutions in areas such as financial services and bank licensing, AML/CTF, fintech, APRA regulations and standards and consumer credit. James is listed as one of Australia's leading banking and finance lawyers in Best Lawyers Australia, and a leading debt capital markets practitioner in both Australia and the APAC region in Chambers and Partners. He is a member of the Technical Committee of the Australian Corporate Treasury Association, and currently serves on the firm’s Australian board.


Frank Tao, Barrister, Ninth Floor Selbourne Chambers
Frank is a barrister at 9 Selborne Chambers, and previously a solicitor at Linklaters LLP, London and Henry Davis York, Sydney. He is admitted to practice in Australia and England & Wales. He specialises in company law, insolvency and bankruptcy law, banking and financial services disputes, and contentious regulatory proceedings. Frank routinely advises and represents banks and financial services providers, companies, directors, and insolvency practitioners in connection with commercial litigation, civil penalty proceedings, and regulators’ investigations and administrative actions. Among other matters, Frank is currently representing two CFD providers in unrelated civil penalty proceedings brought by ASIC.


Matthew Thornton-Dibb, Special Counsel, Norton Rose Fulbright
Matthew is an environmental and sustainability lawyer based in Sydney. He has a particular interest in energy and sustainability offsets project development, sustainability markets, and sustainability disclosure. He is qualified to practice in Australia (NSW) and South Africa. Matthew advises on environment and planning aspects of major projects, with a particular focus on renewable energy. Matthew’s practice includes front end advisory work in relation to project planning, development and operation, as well as back-end work concerning project approval related disputes. Matthew also regularly advises across numerous ESG related areas including on climate-related financial disclosure laws, greenwashing risk, greenhouse gas emissions reporting, and the use of carbon offsets. Matthew recently co-authored the Governance Institutes essential guide to navigating Greenwashing governance risks and is a member of the IUCN’s World Commission on Environmental Law.


Natalie William, Senior Associate, Clayton Utz
Natalie is a Senior Associate practising in retail banking and financial services regulation at Clayton Utz. Natalie has held roles in-house and in private practice and has experience in privacy and data protection, consumer credit, small business lending, retail banking and anti-money laundering and counter-terrorism financing. Natalie holds a Professional Banking Fundamentals qualification from FINSIA.


Tami Sokol, Ombudsman, Australian Financial Complaints Authority (AFCA)
Tami is a very experienced AFCA ombudsman, with significant Tami is a Banking and Finance Ombudsman at the Australian Financial Complaints Authority (AFCA) working predominantly in scams disputes. Tami has particular expertise assisting vulnerable consumers navigate complex and sensitive disputes, is a member of AFCA’s Reconciliation Network and is AFCA’s representative on the Australian New Zealand Ombudsman Association (ANZOA) sub-committee for service delivery to consumers experiencing vulnerability. Prior to coming to AFCA, Tami worked as a senior regulatory lawyer in strategic policy at the Australian Securities and Investments Commission (ASIC) and as a senior consumer and financial services specialist lawyer at Legal Aid NSW.

248N18

9th Annual Credit Law Conference

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All Sessions
Thursday, 29 August 2024
9.00am to 5.15pm Australia/Sydney
CPD Points 7
$795.00
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Morning Session
Thursday, 29 August 2024
9.00am to 1.15pm Australia/Sydney
CPD Points 4
$505.00
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Afternoon Session
Thursday, 29 August 2024
2.00pm to 5.15pm Australia/Sydney
CPD Points 3
$420.00
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Venue
Hilton Sydney - Level 4

Level 4 488 George Street
Sydney 2000
New South Wales
Australia

Directions

Hilton Sydney is approximately 30 minutes from Sydney’s International and Domestic Airports.

By Car: Program 255 Pitt Street into your navigation system and access the hotel via Pitt Street.

By Train: Hilton Sydney is only a 2 minute walk from Town Hall Railway Station.

By Light Rail: The Queen Victoria Building Light Rail stop is located on the doorstep of Hilton Sydney, providing direct access to both Circular Quay and Chinatown.

Parking Information

Parking is available at Secure Parking

- Located underneath Hilton Sydney (Entry Via 255 Pitt Street).

There is also parking available next door at Wilson Parking

A valet service is available at a rate of $95.00 per 24 hour period per vehicle.