Jason Shailer

Clayton Utz
Special Counsel Canberra

Jason has over 20 years of experience advising organisations on all aspects of financial services regulation, including six years heading the Retail Banking legal team at the Commonwealth Bank of Australia, which has given him a unique insight into the needs of his clients.

His work has involved the full range of legal support needed by financial services providers, from development of new product and services (with particular experience in digital offerings), distribution and delivery arrangements, partnerships and strategic alliances, through to regulatory breach advice, and dealing with regulatory investigations and responses to regulators' notices and enforcement action, including those from ASIC, ACCC, APRA, OAIC and AFCA.

Underpinning his work is Jason's strong knowledge of all areas of financial services regulation, including the National Consumer Credit Protection legislation, Chapter 7 of the Corporations Act, the Privacy Act, the Anti-Money Laundering and Counter-Terrorism Financing Act, the ASIC Act, unfair contract terms, the Code of Banking Practice, the Banking Act, the Payment Systems (Regulation) Act and the ePayments Code.

Notable Work
  • Commonwealth Bank breach reporting project: Advised the bank in relation to changes to its risk and compliance policies and procedures to meet changes to the ASIC breach reporting regime under the Financial Sector Reform (Hayne Royal Commission Response) Act 2020.
  • Commonwealth Bank of Australia: External legal adviser in relation to CBA's buy-now, pay-later product, StepPay.
  • Confidential Client: Acted for a major financial organisation in relation to the negotiation and finalisation of an agreement for the organisations term deposit products to be investment options within superannuation funds.
  • Reserve Bank of Australia: Advised on the payment systems reform.This included advice in relation to reforms of the credit card, EFTPOS and Visa Debit card systems. He acted for the Reserve Bank in its successful defence of the credit card reforms in the litigation commenced by Visa and Mastercard. He also acted for the Reserve Bank in the Federal Court challenge to EFTPOS designation commenced by the Retailers.
  • Mobile Payments Products: Advised a number of banks in relation to the introduction of Near Field Communications payment products using personal devices (such as tablets and mobile phones) for making payments.
  • Cardless ATM withdrawals: Advised a bank in relation to its project for facilitating card-less ATM withdrawals.
  • Regulatory Investigations: Acted for banks, finance companies, finance brokers and other entities for over 20 years in relation to investigations by ASIC and other regulators and in responding to notices covering issues including financing of insurance, misleading or deceptive conduct, responsible lending, point of sale exemption, mandatory breach reporting, unconscionable conduct and privacy.
  • Confidential client: Advised a major financial organisation in relation to handling of personal information, sensitive information and tax file numbers in connection with customer remediation projects.
  • Confidential clients: Advised clients on privacy and other regulatory issues arising from transferring personal information out of Australia and outsourcing generally, including the preparation and review of data handling and data transfer agreements between data exporters and importers.
  • Confidential clients: Drafted, amended and settled privacy terms and other documentation for multinational clients who are subject to the EU GDPR so as to enable the transfer of data between Australia and the EU and to ensure the activities of the multinational clients in Australia are both compliant with the GDPR and the Australian privacy and data protection legislation.
  • Due diligences: Conducting numerous privacy and data protection due diligences both for vendors and purchasers in various industries including energy, financial services, manufacturing, pharmaceutical, professional services.
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