David Kreltszheim is a Special Counsel in our Banking & Financial Services Group.

He advises a wide range of clients on general banking and finance transactions, e-business (including electronic distribution systems and platforms and joint ventures), consumer and corporate finance, retail banking, personal property securities (PPS), trade finance and a range of regulatory regimes including APRA, AML, FSR, credit, unfair contract terms and other ASIC Act regulation, privacy and spam.

David also advises on payment systems and has published and presented widely on the subject.

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Expertise

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Banking and Finance

Financial institutions: David has provided panel legal services to major financial institutions for many years, including:

  • developing suites of standard bank documentation, including for National Credit Code compliant lending, trade finance, payment and commercial banking products;
  • advising on contracts and legal issues (including fraud risk allocation) for the migration of corporate and retail customers to internet service delivery platforms;
  • providing regulatory advice and drafting submissions to regulators, including on consumer credit, Code of Banking Practice, privacy, AML, unfair contract terms and other ASIC Act regulation, EFT Code (ePayments Code) and Corporations Act Chapter 7 issues; and
  • documenting syndicated and bilateral loan and security arrangements, as well as workouts and restructures.

See Banking and Finance

Governance and Compliance

Corporate clients: David has advised Australian and multinational corporate clients on numerous issues, including:

  • Federal, State and Territory privacy, spam and Do Not Call legislation and other regulation, including in relation to health records, credit reporting, privacy data breach notification, call centre procedures and outsourcing, business acquisitions and divestments, employee drug and alcohol testing, workplace surveillance and trans-border data flow;
  • Australian consumer law requirements, including unfair contract terms and door-to-door sales regulation;
  • corporate borrowing in syndicated and bilateral secured and unsecured loan arrangements; and
  • personal property securities (PPS) compliance measures for sellers and lessors of goods and other corporate clients impacted by PPS laws.

See Governance and Compliance

Retail Banking

David has provided panel legal services to major financial institutions for many years, including:

  • developing suites of standard bank documentation, including for National Credit Code compliant lending, trade finance, payment and commercial banking products; and
  • providing regulatory advice and drafting submissions to regulators, including on consumer credit, Code of Banking Practice, privacy, AML, unfair contract terms and other ASIC Act regulation, EFT Code (ePayments Code) and Corporations Act Chapter 7 issues.

See Retail Banking

Privacy

David has advised Australian and multinational corporate clients on numerous issues, including Federal, State and Territory privacy, spam and Do Not Call legislation and other regulation, including in relation to health records, credit reporting, privacy data breach notification, call centre procedures and outsourcing, business acquisitions and divestments, employee drug and alcohol testing, workplace surveillance and trans-border data flow.

See Privacy

Government Services

David has advised Commonwealth and State governments on several ground-breaking projects raising risk allocation, privacy and other issues in the use of emerging technologies (for example, electronic identity authentication solutions such as public key cryptography and biometrics). Those projects cover diverse areas including electronic health records and prescriptions, electronic conveyancing, "whole of government" electronic identifiers and "single window" interfaces for businesses and individuals to transact with government.

See Government Services

Telecommunications, Media and Technology

Corporate clients: David has advised Australian and multinational corporate clients on numerous issues, including:

  • Federal, State and Territory privacy, spam and Do Not Call legislation and other regulation, including in relation to health records, credit reporting, privacy data breach notification, call centre procedures and outsourcing, business acquisitions and divestments, employee drug and alcohol testing, workplace surveillance and trans-border data flow; and
  • e-business and IT issues.

See Telecommunications, Media and Technology

Cyber Security

See Cyber Security

Knowledge

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