ASIC Pushes for Better Hardship Practices: What you can do to uplift your Hardship Processes?
ASIC’s latest investigation has found lenders are not doing enough to support customers facing hardship. In this article, we unpack ASIC’s key recommendations for lenders to improve their hardship processes and provide some practical tips to help implement these. Recommendations: Integrating hardship processes across all areas of the business Simplify the process for customers to […]
Congratulations Simon Carrodus on being Named a Winner at the Lawyers Weekly 2024 Partner of the Year Awards!
At Hamilton Locke, we pride ourselves on fostering leadership and innovation within our teams – and this year, we are delighted to announce that Simon Carrodus has been crowned the Financial Services Partner of the Year at the 2024 Lawyers Weekly Partner of the Year Awards! This marks another triumph for our Financial Services team, […]
Flip of a Qoin – What is a non-cash payment facility?
In another first for the crypto industry, the Court has helpfully clarified what a non-cash payment facility is, specifically in the context of the blockchain, but the case remains instructive for both crypto and payments businesses alike. The question arose in Australian Securities and Investments Commission v BPS Financial Pty Ltd [2024] FCA 457 where […]
Section 641 in Action: Navigating the Early Stages of a Hostile Takeover
While schemes of arrangement remain the dominant structure used in public M&A transactions, there has been a resurgence of takeover bids in recent years. We expect to continue to see hostile takeovers in circumstances where bidders make ‘opportunistic’ offers in a lower priced market and misalignment between the bidder and target valuation expectations. Some would […]
Venture Capital Guide 2024
It doesn’t matter if you’re a first-time founder or you’ve successfully founded and exited multiple companies – raising capital is tough. That’s why we’ve developed our Venture Capital Guide, an essential resource designed to support entrepreneurs through every phase of their venture capital journey. The manual is a practical step-by-step guide covering all aspects of […]
Impact of proposed PPS reforms on real estate financing: What you need to know
The key collateral on a real estate financing deal is, of course, the relevant real property. However, financiers also typically require a general security deed covering all the personal property of the relevant security provider. It is common for such transactions to include share/unit specific security deeds as well. Any such security interest must be […]
Hamilton Locke advises on the launch of the Australian Fisheries Investment Trust
Hamilton Locke has advised Atlantis Fisheries Consulting Group on the design and launch of a new wholesale managed investment scheme, the Australian Fisheries Investment Trust, which opened to investment last week. The scheme will raise capital to invest in a portfolio of sustainable Australian fisheries assets, a novel asset class with low correlation to traditional […]
Hamilton Locke Advises MA Financial Group on $33 Million Acquisition of East Coast Marina
Hamilton Locke advised MA Financial Group on the successful acquisition of East Coast Marina, Queensland. This latest transaction expands MA Financial Group’s marina portfolio to 13 marinas along Australia’s east coast. MA Financial Group is a leading ASX-listed financial services firm specialising in managing alternative assets, lending, corporate advisory and equities with a strong focus […]
Hamilton Locke Prepares Submission on Wholesale Investor/Client Tests
Hamilton Locke has prepared a submission to the Parliamentary Joint Committee on Corporations and Financial Services’ (the Committee) inquiry into the wholesale investor and wholesale client tests contained in section 708 of Chapter 6D and sections 761G and 761GA of the Corporations Act 2001(Cth). Our key recommendations The inquiry seeks feedback on the wholesale investor/client […]
Should you custody digital assets?
Please note that this article was first published on Zodia Custody. *** As discussed in the first two blogs in this series examining Australian digital asset regulation, anyone who has factual control of digital assets will, under changes proposed by Treasury in the Regulating Digital Asset Platforms Consultation Paper, be providing a financial service and will be […]
Licensing Essentials: Navigating the Payments Licensing Maze
Organisations that play minor roles in moving money, or which are otherwise currently exempt, are now likely to be captured by the introduction of new legislation following the conclusion of Treasury’s recent consultation on major reforms to the payments industry. Reforms are now expected to be introduced in the next 12 months, resulting in a […]
What are Australia’s digital asset custody requirements?
Please note that this article was first published on Zodia Custody. *** As discussed in the first blog in this series, “Will you be custodying digital assets?“, anyone who has factual control of digital assets will, under changes proposed by the Australian Treasury in the Regulating Digital Asset Platforms Consultation Paper, be providing a financial service and […]
