Banking and Finance

Our banking and finance lawyers act for many of Australia's most successful, niche, and fast-growing financial services businesses.

We provide our clients with advice across a broad range of banking and financial services, including simplifying the mortgage process for lenders across Australia.

Our understanding of the banking and financial services industry enables our team of lawyers to respond quickly to your requirements. We understand the complexities of financial arrangements and the intricacies of the banking and financial services sector.

Australia’s banking and financial services industry is highly-regulated, competitive and rapidly changing, and as a result the ability to deliver greater efficiencies, improved customer service and provide innovative solutions is becoming increasingly important.

You will find our ability to quickly get to the crux of the matter means we promptly identify the key issues and establish what needs to be done to reach the best commercial result and protect your interests. This is an advantage to you especially on matters that require understanding and knowledge of the complex legal and regulatory environment in which financial institutions and lenders operate.

Regulatory compliance

Hunt & Hunt has a long history of working with our financial services clients to manage their regulatory and compliance requirements. This includes advising financial institutions in relation to their regulatory obligations and liaising with regulatory bodies.

Our financial regulation and compliance expertise includes:

  • Compliance activities with regard to credit laws and financial services laws
  • Advising on applications for regulatory relief and exemptions
  • Anti-money laundering
  • Banking Act compliance and advice
  • Banking and financial services prudential standards compliance advice
  • Code of banking practice and other industry codes of practice
  • Liaison with key Australian financial services regulators APRA, ASIC, AUSTRAC, RBA and AFCA
  • Payment systems regulation
  • Privacy obligations
  • National Credit Code.

Credit law

Hunt and Hunt has an extensive practice in credit law and compliance related matters. We act for financial institutions and other lenders in providing compliance advice on all aspects of law affecting the provision of retail credit including responsible lending, unfair contract terms and privacy.

Importantly Hunt and Hunt has a significant practice involved in drafting standard form code compliant documentation for clients in all aspects of consumer finance and consumer licensing.

Hunt and Hunt is also heavily involved in all aspects of responsible lending, from advice on compliance issues related to that issue to drafting and reviewing policies and procedures in that regard.

Hunt and Hunt's expertise in this area also extends to representing clients involved in matters which are the subject of an external dispute resolution processes, including systemic breach issues, together with representing clients who are the subject of ASIC investigations.

Financial services law

We are also experienced in all matters related to Australian financial services laws. This includes making application for the grant of an Australian Financial Services Licence, variation of licence conditions, preparation of product disclosure statements, advice on product offerings, and compliance with legislation.

We assist on custody, investment and asset management and outsourcing matters including conducting due diligence and advising on investment and business acquisitions; preparing custody, administration and investment management services agreements; advising on issues in relation to the custody of assets; assisting with the establishment of wholesale and retail funds; and the preparation of service agreements in relation to the management of assets held in such funds.

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Commercial and business lending

Our team has extensive experience acting for numerous banks and financial institutions in addition to a range of corporate borrowers including listed companies, unlisted multinationals and privately owned companies.

We have a strong presence acting in the property and construction, mining, business services, motor vehicle, retirement, managed investment scheme and hotel and hospitality sectors. We regularly advise in relation to corporate finance; acquisition finance; property and construction finance and other real estate financing transactions; mezzanine and subordinated debt financing including related intercreditor arrangements; domestic and cross border financing transactions; and bilateral, club and syndicated financing arrangements, whether they be secured or unsecured

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Residential lending

Our specialist mortgage documentation centre prepares, checks and dispatches loan documentation within 24 hours of initial instruction. Each year, we produce many thousands of  mortgage documents for banking and finance clients. We were also one of the first law firms to use the Property Exchange Australia (PEXA) platform, and have been involved with PEXA since it ran the pilot project. Hunt & Hunt now consistently process thousands of PEXA transactions.

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Loan recovery and collection

Hunt & Hunt has considerable experience providing legal advice in security enforcement, insolvency administration and debt recovery across all Australian courts and jurisdictions.

Our clients include all layers of government, banks and other financial institutions as well as a wide range of private sector organisations, including major accounting firms.

Our national team helps clients recover and resolve difficult or disputed debts efficiently, cost-effectively and in accordance with the Commonwealth model litigant principles.

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Islamic finance

Hunt & Hunt is one of a very few Australian law firms with expertise in Islamic finance transactions. Drawing on direct market experience, we can document, act on and advise on Sharia-compliant securities. 

Latest Insights

Unfair contract terms in banking and finance

90 days to the new Unfair Contract Terms Regime: Update for Financial Services Providers

August 9, 2023

With only 3 months until the Unfair Contract Terms reforms take effect, time is running out for the financial services sector to review standard form contracts for terms that might be deemed unfair. The reforms were…

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RG 78 Breach Reporting by AFS licensees and credit licensees: ASIC updates guidance on Reportable Situations Regime April 2023

May 19, 2023

Since amendments in October 2021 the reportable situations (formerly referred to as breach reporting) regime for AFS and credit licensees has become both broader in its reach and more complex in its operation. Implementation of…

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Modernising Australia’s anti-money laundering and counter-terrorism financing regime

April 28, 2023

Tranche-two : New AML/CTF Regulations for Lawyers, Accountants, Real Estate Agents The Commonwealth Attorney-General’s department is consulting on long-awaited reforms to modernise Australia’s AML/CTF laws. The consultation paper includes two parts: changes to address various…

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