Fintech

Dwyer Harris works with fintechs, start-up digital banks, payment providers and established financial services businesses developing technology-enabled products, platforms and distribution models. Fintech matters often bring together licensing, consumer credit, payments, privacy, technology contracting, corporate structuring, fundraising and commercial partnership arrangements.

We help clients identify the legal and regulatory questions that matter to the proposed model, then develop documentation and implementation steps that fit the product and its stage of growth. Our capability materials include work for start-up banks, online credit providers, the New Payments Platform, core banking platform agreements, fintech clients and digital asset products and services.

Our focus includes

• AFSL, credit and payments regulation

• Customer terms, disclosures and consent flows

• Supplier, platform and distribution agreements

• Technology contracts and outsourcing

• Debt transactions

Litigation and dispute resolution  

We act in commercial, regulatory and financial services disputes and help clients choose a resolution strategy suited to the issues, evidence, cost and commercial relationship. Not every dispute should proceed to a final hearing. We advise on early assessment, negotiation, mediation and formal proceedings as the circumstances require.

Our disputes experience is particularly relevant where the matter involves a regulated industry, complex statutory obligations or parallel engagement with a regulator or external dispute resolution body.

Our focus includes

• Commercial litigation and contractual disputes

• Mediation and negotiated resolution

• Tribunal and administrative review proceedings

• ASIC delegate hearings and regulatory disputes

• AFCA and other external dispute resolution matters

• Franchising and consumer disputes

Mutuals and customer-owned banks

Dwyer Harris has long-standing experience advising mutual banks, credit unions and customer-owned banking institutions. We understand the particular legal, regulatory and operational environment in which smaller and mid-sized authorised deposit-taking institutions operate, including the need for practical advice that fits available resources, governance structures and member-focused business models.

Our work for mutuals and customer-owned banks includes regulatory advice, compliance reviews, BAU banking queries, customer disputes, contract reviews, advertising and marketing sign-offs, website and customer communication reviews, product and process documentation, governance support and training.

Our focus includes

• Regulatory advice for mutual banks and credit unions

• Compliance reviews and gap analyses

• BAU legal support for banking and financial services teams

• Customer disputes, AFCA matters and remediation

• Contract reviews and supplier arrangements

• Advertising, marketing and customer communication reviews

• Governance, policies, procedures and training

• Support for in-house legal, risk and compliance teams

Payments

Dwyer Harris advises on payment systems, payment products and payment-related regulatory issues. This work often sits at the intersection of financial services regulation, AML/CTF, technology contracting, operational risk, consumer protection and commercial arrangements between payment providers, banks, merchants and other participants.

We assist clients to analyse how payment models operate in practice, including the flow of funds, the transmission of payment messages, settlement arrangements, merchant arrangements, remittance, value transfer services and the allocation of responsibility between parties.

We also advise on regulatory change affecting payment providers and financial institutions, including the Scams Prevention Framework.

Our focus includes

• Payment systems regulation and payment product structures

• Merchant acquiring, payment facilitation and settlement arrangements

• Remittance and value transfer services

• Payment messaging, transaction flows and participant roles

• AML/CTF obligations for payment providers and payment-related services

• Payment services contracts, scheme arrangements and commercial documentation

• Regulatory change affecting banks, payment providers and fintechs

• Scams and scam prevention

• ePayments Code and customer-facing payment issues

Privacy

We advise organisations on privacy, data handling and the management of privacy risk. We assist with the legal requirements that apply across the information lifecycle, from collection and consent through use, disclosure, security, access, correction and deletion.

Privacy advice is most useful when it reflects how information actually moves through a business, including third-party platforms, outsourced providers and customer-facing processes. We work with legal, compliance, risk, technology and operational teams on documentation, incidents and practical implementation. We have particular expertise dealing with credit reporting compliance issues.

Our focus includes

• Privacy notices, policies and customer consents

• Data sharing, outsourcing and supplier arrangements

• Privacy impact assessments and audits

• Data breaches and response planning

• OAIC complaints and regulator engagement

• Privacy issues in digital products and financial services

Regulatory investigations and enforcement 

Dwyer Harris assists businesses, boards and individuals responding to regulatory investigations, notices, inquiries and enforcement action. These matters can involve significant legal, operational and reputational consequences, often under tight deadlines and alongside internal investigations or remediation work.

We help clients establish a clear response strategy, manage information and evidence, engage with regulators and coordinate related legal work. Our lawyers’ experience includes investigations and enforcement matters involving financial services regulation, market integrity, competition and consumer protection, AML/CTF, anti-bribery and corruption, corporate crime and related governance issues.

Our focus includes

• Initial response strategy and governance

• Compulsory notices, interviews and document production

• Regulator correspondence and engagement

• Internal investigations and fact finding

• Remediation, undertakings and enforcement outcomes

• Coordination with counsel, experts and other advisers

Technology, outsourcing and operational risk

Our firm advises on technology, outsourcing and supplier arrangements for financial institutions and other businesses. These matters often involve more than ordinary commercial contracting. They require attention to operational resilience, cyber risk, privacy, data handling, business continuity, audit rights, subcontracting, liability and the regulatory expectations that apply to critical or material service providers.

We assist clients to review and negotiate technology and managed services contracts, including where the arrangement may be affected by APRA CPS 230 or other operational risk requirements. Our approach is to identify the material legal and operational risks in the contract, explain the commercial consequences clearly and, where needed, propose practical drafting changes.

Our focus includes

• Technology and managed services agreements

• Outsourcing and material service provider arrangements

• APRA CPS 230 contractual requirements and implementation

• Advice on security of critical infrastructure (SOCI) regulation

• Operational risk and resilience issues in supplier contracts

• Cyber risk allocation, liability and indemnity frameworks

• Service levels, business continuity, audit and access rights

• Data, privacy and subcontracting controls

• Contract reviews and negotiation support for in-house teams