- CPS230 and how it maps to the Risk Management Program under SoCI
Presented by Professor Patrick Fair, Principal, Patrick Fair Associates; Adjunct Professor, School of Information Technology, Faculty of Science, Engineering and Built Environment at Deakin University
- Advertising of financial and credit products
- What is unconscionable v misleading or deceptive conduct
Presented by Elaine Cheung, Special Counsel, Piper Alderman
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‘
Presented by Olga Ganopolsky, General Counsel Privacy & Data Macquarie Group, Chair Privacy Committee Business Law Section Law Council of Australia
Presented by Andrea Beatty, Partner, Piper Alderman
Attend and earn 7 CPD points in Substantive Law
This program is applicable to practitioners from all States & Territories
- The challenging state of current jurisprudence, eg in relation to statements, contract terms and statutory obligations
- What is attracting ASIC attention/legal actions
- What do the cases reveal about the nature of the problem
- How to improve results for consumers
Panel Discussion with Steven Klimt, Partner, Clayton Utz, Recognised in Best Lawyers Australia for Banking and Finance (2013-2024), Government (2021-2024) and Regulatory Practice 2014-2024); Shannon Adams, Partner, Piper Alderman; and Ian Lockhart, Partner, MinterEllison
Analyse key components of the announced strategic plan + roadmap for modernisation of Australia’s financial system
- Safe and resilient payments system
- Regulatory framework fit for purpose and promoting competition
- Alignment with broader digital economic transformation
- CDR
- CBDC
- Modernise payments system infrastructure
- Future reform priorities
- BNPL
- Financial markets infrastructure (FMI)
- Crypto sector, will crypto assets remake the world
Presented by Joshua Annese, Partner, Piper Alderman and Nikesh Lalchandani, Principal Technology Consultant, Innovations Accelerated; Author, Payments and Banking in Australia: From Coins to Cryptocurrency
- Expansion of unfair contract terms
- ASIC priorities:
- DDO obligations
- Breach reporting
- Cyber attacks/scams
- Greenwashing
- Protecting consumers from financial harm
Presented by Steven Klimt, Partner Clayton Utz; Ian Lockhart, Partner, MinterEllison; Craig Hine, Partner, Clayton Utz; and Joshua Annese, Partner, Piper Alderman
- Current trends in disputed transactions and where should we go from here?
- Scams
- Mistaken internet payments
- How does the law currently respond to scam transactions and what gaps have emerged
- How should responsibility be apportioned between the financial institutions in a payment chain?
- How do/should we balance the responsibilities of financial institutions and consumers?
- What are the challenges in dealing with risky or at-risk consumers (eg de-banking risks, unfair contract terms)?
- Codes of conduct
- Progress on development of code of practice on scams prevention?
- Do Codes still serve a useful purpose? Will they, with scams prevention?
- Should they cover matters that are already covered by the law?
- Do the differences between them give rise to problems?
- Can they affect non-subscribers on the basis that they represent industry good practice?
Presented by Dr June Smith, Deputy Chief Ombudsman, AFCA; Shannon Adams, Partner, Piper Alderman, former Chairman of World Vision Australia and Director of World Vision International; and Ian Lockhart, Partner, MinterEllison, Co-author of ‘Banking and Finance’ chapter in Financial Services Loose Leaf Service
Presenters
Ms. Elaine Cheung, Special Counsel, Piper Alderman
Elaine is a special counsel in the financial services and fintech team in Piper Alderman’s Sydney office. She has extensive experience advising and acting for banking and financial services clients in a variety of areas. Her practice includes acting for and advising clients in relation to regulatory compliance and consumer credit issues, the regulation of financial products and services and financial services reform, privacy and data breaches, product design and distribution, applications for Australian Credit Licences and Australian Financial Services Licences, reviewing trust deeds and preparation of loan and mortgage documentation in relation to loans to self-managed super funds, real property financing transactions, mortgage enforcement proceedings in the Supreme Court of New South Wales, anti-money laundering and counter-terrorism financing issues and trade mark and business name issues. Elaine also acts for private clients in residential property transactions and estate planning and estate administration matters.
Andrea Beatty, Partner, Piper Alderman
Andrea Beatty is a commercial Partner at Piper Alderman focusing on financial services. She is a leading financial services lawyer who has been listed in Australia's Best Lawyers every year since 2012 in the areas of financial institutions and regulatory practice. She has written six editions of the leading consumer law text ‘Annotated National Code’ published by LexisNexis. Andrea advises and represents clients including start-ups, Australian financial services licensees (AFSL) and Australian credit licensees (ACL) on all aspects of financial services regulation and corporate finance including licence applications, 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 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's financial services blog and published articles can be found at www.andreabeatty.com.au.
Dr June Smith, Deputy Chief Ombudsman, AFCA
Dr June Smith is a proud Kureinji woman. As an ethicist and lawyer, she is a recognised expert in Australian Integrity frameworks, including Codes of Practice, and has significant experience as an independent decision maker. She is the Deputy Chief Ombudsman of the Australian Financial Complaints Authority, where she leads AFCA’s approach to its Fairness Jurisdiction, including leadership of its ombudsman, adjudication, panel, systemic issues and jurisdiction teams. Dr Smith also proudly sponsors AFCA’s work on accessibility, diversity, inclusion and belonging. Dr. Smith’s current external roles include Deputy Chair of the Victorian Racing Appeals and Disciplinary Board, Member of the National Sports Tribunal and Member of the Victorian Racing Tribunal. She is also on the Executive Committee of Australian New Zealand Ombudsman Association. Dr. Smith is an Adjunct Professor at Victoria University. She has a PhD in Law from Victoria University, specializing in professional and business ethics and organizational decision-making within financial services organizations. She also holds a Bachelor of Arts (Hons) and a Bachelor of Laws degree from the University of Melbourne
Mr. Shannon Adams, Partner, Piper Alderman
Shannon Adams is a partner at Piper Alderman and has been providing specialist legal advice and services to the financial services sector for over 35 years. He advises financial service providers operating throughout Australia and acts for banks, mutual banks, credit unions, building societies and others in the financial services sector. Shannon has an outstanding reputation for his expertise in relation to the legal aspects of the documenting, delivery and marketing of retail financial services, and in relation to credit and securities law. He is a Fellow of the Australian Institute of Company Directors, and is a Director of both World Vision Australia and World Vision International.
Mr. Ian Lockhart, Partner, MinterEllison
Ian is a finance partner in the Brisbane office of Minter Ellison 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.
Mr. 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.
Mr. Craig Hine, Partner, Clayton Utz
Craig Hine is a partner in the Banking & Financial Services practice at Clayton Utz. He has more than 15 years' experience and specialises in financial services regulation. Craig's experience extends to financial services, credit, insurance, anti-money laundering and privacy. He advises on and manages: complex regulatory investigations, breach reporting obligations and remediation programs; financial services projects to address regulatory change or other business requirements, including devising and implementing strategies; regulatory aspects of M&A transactions; and a broad range of regulatory compliance matters. Craig's deep experience across a range of products and clients makes him a trusted adviser to many. He is most often commended for his ability to break down complex problems and deliver pragmatic solutions that are aligned with his client's objectives.
Mr. Joshua Annese, Partner, Piper Alderman
Joshua is a partner who specialises in helping banks, credit unions and other lenders and financial services providers navigate and understand the complex regulatory environment that applies to retail financial services. Joshua regularly help clients with product development, regulatory issues and reforms, compliance audits and training, various types of product distribution, service provider and other commercial arrangements and advertising and marketing activities. Joshua also advises on banking and financial services-related disputes and litigation including mortgage enforcement, customer complaints and AFCA disputes. In addition to Joshua’s legal qualifications, he also has formal qualifications in Information Technology.
Ms. 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.
Mr. Nikesh Lalchandani, Principal Technology Consultant, Innovations Accelerated
Nikesh Lalchandani studied engineering, computer science, and finance. He has been an early member or founder of startups, some of which now are or have been acquired by multinationals. He has been a professional services consultant and worked directly on large and small transformation initiatives for traditional organisations, neo banks, fintechs and government. Nikesh has extensive experience in all the Australian Big Four banks, including the Commonwealth Bank of Australia, where he held executive and head-of positions in emerging technology, innovation and payments. Nikesh has had the good fortune of being in the middle of many innovations of our time, from mainstream payments to blockchain and artificial intelligence. He has held board positions with startups and is the Chair of the NSW branch executive of the Australian Computer Society where he is a certified professional member. Nikesh is also a member of the Australian Institute of Company Directors, and has taken the Banking and Finance oath. He is the author of Payments and Banking in Australia: From Coins to Cryptocurrency, How it Started, How it Works and How it may be Disrupted.
Professor Patrick Fair, Principal, Patrick Fair Associates
Patrick Fair is the principal of Patrick Fair Associates, an Adjunct Professor at the School of Information Technology, Faculty of Science, Engineering and Built Environment at Deakin University, the Chairman of the Communications Security Reference Panel at the Communications Alliance, a member of the IoT Alliance of Australia Security Workstream Member Technical Advisory Standing Committee auDA and General Advisor to and an author of LexisNexis Practical Guidance Cybersecurity, Data Protection and Privacy.