WEBINAR: Financial Services and FinTech Webinar Series | CPS 230 for ADIs

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.

In recent times, Joshua has advised clients in relation to the continued development of the New Payments Platform, the implementation of Comprehensive Credit Reporting, the digital execution of lending and mortgage documentation, the upcoming commencement of the Australian Design and Distribution Obligations regime and the introduction of the Consumer Data Right/Open Banking.

Shannon has been providing specialist legal advice and services to financial services providers for over 35 years.  He acts for banks, mutual banks, credit unions, building societies and others operating within the sector, and he has deep experience in relation to the regulatory environment within which they operate. Shannon also has specialist experience in relation to mutual financial institutions.

The areas in relation to which Shannon practices include:

• regulatory compliance, particularly in relation to retail financial services (including credit)
• corporate governance
• mergers and acquisitions (financial services)
• commercial arrangements
• delivery channels and electronic commerce
• commercial and specialist lending transactions
• enforcement of credit contracts and securities
• dispute resolution (internal and external) and litigation.

Shannon has an outstanding reputation for his expertise in relation to the documenting, delivery and marketing of retail financial services. He works closely with many clients in relation to product development and the drafting of terms, conditions and other template documents.

Shannon has many years of experience in relation to corporate governance, both as an external adviser and as a company director, and in both the for-profit and not-for profit sectors. He is a Fellow of the Australian Institute of Company Directors, and his past appointments include being the Chairman of World Vision Australia and a Director of World Vision International.

Elaine has extensive experience advising and acting for banking and financial services clients in a variety of areas. Her work has included acting for and advising clients in relation to:

• regulatory compliance and consumer credit issues, including compliance with the National Consumer Credit Protection Act (including the National Credit Code) and co-presenting at Australian Credit Licence and Australian Financial Services Licence compulsory responsible managers training workshops
• real property financing transactions including the preparation of loan and security documentation, settlement and registration of securities
• the regulation of financial products and services and financial services reform (FSR)
• Australian Credit Licence applications, including preparation of associated policy documents privacy
• the review of trust deeds, preparation of loan and mortgage documentation in relation to loans to self-managed super funds and advising on the requirements of the Superannuation Industry (Supervision) Act 1993 in relation to limited recourse borrowing arrangements
• mortgage enforcement proceedings from issuing a default notice through to representing clients in defended and undefended proceedings in the Supreme Court of New South Wales
• property transactions and experience in PEXA transactions, including residential sales and purchase transactions and acting for receivers and mortgagees in possession in the sale of properties
• trade mark and business name issues, including lodgement of applications with ASIC and IP Australia
• reviewing and drafting commercial agreements
• transactions involving the acquisition of assets and shares by companies
• reviewing anti-money laundering and counter-terrorism financing programs.

Elaine also assists private clients in the areas of residential property transactions, estate planning and estate administration, including applying for grants of Probate or Letters of Administration, and drafting of wills, powers of attorneys and appointments of enduring guardians.