Financial Services & Financial Institutions

Expert commercial, corporate and regulatory advice.

OUR EXPERTISE

In-depth financial services sector expertise, integrated corporate, regulatory and governance advice

McCabes’ Financial Services & Financial Institutions group offers comprehensive expertise across the full spectrum of financial services sectors including regulated financial institutions to deliver trusted counsel and exceptional outcomes for financial services clients.

Combined with the strength of the firm’s broader practice, we provide end to end legal services for financial services firms and participants in financial services sectors extending across insurance, banking, payments, credit, funds, investment, fintech and digital assets. 

The group is led by Principal Michael Bracken, who has nearly four decades of hands-on experience in assisting clients to navigate the complex regulatory and prudential framework and advising insurers, banks, mutuals, payment services providers, issuers of financial services and products, foreign financial service providers fintech and financial product innovators intermediaries, brokers and other participants in the financial services sector and digital economy on complex regulatory, governance and commercial matters.

With a strong commercial focus, we work closely with clients to deliver practical, strategic solutions that balance business objectives with regulatory and compliance requirements. Our broad industry knowledge and deep understanding of the insurance, customer-owned banking and other financial services sectors enables us to provide clear, commercially driven advice in highly regulated environments. Clients can access senior-level advice directly, providing a distinct advantage when managing regulatory requirements, mitigating risk and delivering pragmatic  commercial responses.

Michael is also highly experienced in advising boards and senior executives of regulated financial institutions and financial services firms on directors’ duties, governance obligations and prudential risk management.

We advise clients on the full commercial life cycle across specialist areas, including regulatory compliance and governance, regulatory inquiries and enforcement, financial, payment and credit product development and innovation, AFS Licensing product disclosure and marketing, establishing new financial institutions, corporate structures, distribution arrangements, M&A, cross border acquisitions, commission and settlement agreements, client money handling, complex risk transfer structures, Lloyd’s coverholder arrangements and syndicates, and commercial ventures and disputes. 

We have an extensive network of relationships with financial market participants and regulators which, together with our working knowledge of regulatory reform and the policy objectives of regulators (including ASIC, APRA, ASX, ACCC and AUSTRAC), informs our strategic advice for clients involved in or facing regulatory investigations or enforcement proceedings.

We also provide advice to our corporate clients concerning their insurance arrangements, including external insurance programs, captive arrangements, and insurance disputes. 

In all cases, our advice is based on a careful understanding of our clients’ business needs, industry dynamics including regulatory policy and regulator supervision, and a focus on delivering practical commercial and legal solutions.

 

Expertise 

  • Financial Services regulation, licensing, product innovation, disclosure and distribution
  • Insurance 
  • Customer-owned banks
  • Mutuals
  • Health Funds and Mutuals 
  • Corporate Advisory, Transactional and M&A 
  • Corporate and Director Risk 
  • Board, Governance – Corporate and Prudential
  • Regulatory obligations, prudential compliance, regulatory change and reform 
  • Digital Economy – payments, digital banking, digital assets 
  • Fintech, platforms and digital economy
  • Regulatory Investigations and Enforcement
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