image of Melanie TaylorMelanie Taylor

Clayton Utz Special Counsel , Sydney T +61 2 9353 5534 https://www.claytonutz.com

Melanie has over 15 years of experience advising a variety of organisations on all aspects of financial services regulation and governance. Melanie spent more than 10 years in the Wealth Advice Legal Team at National Australia Bank, giving her a unique insight into the needs of her clients.

Her practice has involved a broad range of legal advice required by financial services providers, from advice on conduct, regulatory and reputational requirements to assistance with delivering digital and simplification projects.

Melanie’s particular expertise is financial advice regulation, such as FoFA requirements, but her work has involved many areas of financial services regulation, including Chapter 5C and Chapter 7 of the Corporations Act, the Privacy Act, the Superannuation Industry (Supervision) Act, the Anti-Money Laundering and Counter-Terrorism Financing Act, the ASIC Act and the National Consumer Credit Protection Act.

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Expertise

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Banking and Finance

NAB Wealth Adviser Conduct: In her time at NAB Melanie sat on the NAB Wealth Advice Event Panel, responsible for assessing adviser conduct, operational risk and compliance matters.

Breach Reporting: extensive experience advising NAB Wealth Breach Review Committee on all aspects of reportable breaches in the Wealth Advice business. 

Breach Reporting Framework: development of ClearView’s enhanced breach reporting framework in response to the updated ASIC breach reporting requirements in October 2021.

Regulatory change projects: Lead counsel on significant regulatory change projects for NAB Wealth Advice and ClearView Limited. For example, Future of Financial Advice (FoFA) reforms, including advising on conflicted remuneration requirements; Breach Reporting amendments, DDO requirements, National Consumer Credit Protection Act; Life Insurance Framework reforms; Tax Agents Services Act.

Sale Deeds for client servicing rights: Negotiated and drafted transaction documents involving the sale of client servicing rights in financial advice businesses.

Commercial Agreements: Negotiated and drafted commercial agreements with third parties including product referral, distribution and service agreements, sponsorship agreements, franchise agreements (and disclosure documents), IT contracts, SaaS Agreements and authorised representative agreements.

Regulatory Investigations and remediation programs: Advised on regulatory investigations and review/remediation programs including NAB Wealth’s Customer Response Initiative.

ASIC Notice responses: Lead legal counsel responding to various ASIC Notices (statutory requests for information and documentation) on behalf of NAB Wealth.


Financial Services Royal Commission

NAB Wealth Royal Commission Response: acted for NAB Wealth in its Royal Commission response by responding to requests for information and documents, preparation of submissions and witness statements and assisting the business in this regard.

Advise various Australian Financial Services Licensees on the impacts of the Royal Commission’s Final Report on their businesses.

See Banking and Finance

Superannuation and Pensions

Advice Fee Consent requirements for super trustees: advised ClearView Life Nominees as trustee of the ClearView Retirement Plan on their obligations with respect to the introduced requirements for super trustees to obtain consent of members to the payment of advice fees.

See Superannuation and Pensions

Knowledge

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