Funds Update – 19 January 2024

Litigation Funding Comparative Guide for the jurisdiction of Australia, check out our comparative guides section to compare across multiple countries

Australian financial markets face a fundamental shift in disclosure requirements from December 2026, as new rules expand substantial holding obligations beyond traditional voting interests to capture derivative positions and economic exposure. Market participants must now navigate complex calculations involving physically settleable derivatives, cash-settled instruments, and offsetting short positions—with no grandfathering for existing holdings.

When a borrower defaults on a loan, does the lender have an immediate right to repossess property or force a sale? This article examines the negotiation options available to borrowers after loan default, the statutory protections under the National Credit Code, and the enforcement rights and obligations of lenders under Queensland's Property Law Act 2023.

On 24 August 2026, ASIC released its 2026-2027 Corporate Plan, announcing that it is committed to being easier to deal with for those trying to comply with the law, while being harder to avoid for those causing harm.

Australia's payment services landscape is undergoing a fundamental regulatory transformation with the introduction of new legislation that shifts focus from specific technologies to the functions and activities performed by payment service providers. The Treasury Laws Amendment Bill 2026 will replace the existing non-cash payment facility framework with a comprehensive licensing regime that distinguishes between payment products and payment services, potentially capturing previously unregulated payment

The Australian Government has unveiled its Financial Innovation Strategy, introducing a new Financial Innovation Committee and overhauling the Enhanced Regulatory Sandbox framework to better support emerging businesses testing innovative financial products. The strategy encompasses reforms across consumer data rights, digital assets, tokenised infrastructure, and regulatory frameworks designed to position Australia as a leader in financial innovation.

Shenkman Capital Management, Inc. has partnered with TRAction for seamless transaction reporting.

From 4 December 2026, enhanced substantial holding disclosure and beneficial ownership disclosure obligations will apply to entities listed on Australian securities exchanges.

ASIC will take decisive action against financial services industry participants who publish misleading advertisements.

The omission of the law of fixtures from the PPSA is an opportunity lost to correct what ia a confusing area of law.