Narelle Smythe is a leader in financial services regulation, investigations and enforcement, and privacy.

For over two decades, she has focused on regulation within the financial services industry and privacy. That focus uniquely positions her to proactively identify and advise on the full spectrum of legal issues in a project or in an investigation including devising and rolling out remediation programs . And because Narelle seamlessly combines both contentious and non-contentious expertise, she has both a deep knowledge and understanding of financial services regulation and privacy and also of enforcement.

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Expertise

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Banking and Finance

Confidential: Narelle is acting for a number of financial institutions and services providers in relation to regulatory investigations and enforcement. The matters are confidential. They cover a range of financial services and credit activities. The matters have involved the full range of investigations and enforcement activities including compliance with ASIC Notices, liaison with regulators, advice on issues, establishment of governance structures and remediation.

Macquarie Bank Limited
: Narelle also acted for the Bank in relation to the Bank's establishment of its distributor relationship with Woolworths. The transaction involved extensive work in relation to the alliance and branded financial products, drafting agreements establishing the alliance and the sale and acquisition of a large portfolio of existing Woolworths branded credit card receivables.

Large Financial Institution: 
Narelle acted for a major bank in relation to litigious securitisation issues arising in the GFC. This involved considered very complex trust structures and devising solutions to minimise exposures. 

Westpac Banking Corporation
: Narelle acted for the Bank in relation to the implementation of the ePayments Code, including advice and drafting standard form documentation. She also advised the Bank in relation to the introduction of a mobile phone payment solution. This include advice on structuring, contract negotiation and drafting and advice on regulatory matters. 

Macquarie Bank Limited: 
Narelle acted for Macquarie on the $8.2 billion acquisition of ANZ Banking Group's Esanda Dealer Finance unit. 

Reserve Bank of Australia: 
Narelle acted for the Bank in its reform of the credit card system and in litigation commenced by Visa and MasterCard challenging those reforms. The reforms were unprecedented and, given the size of the credit card networks, wide reaching. Accordingly, the litigation was large scale, innovative and complex. The Reserve Bank was wholly successful in the proceedings. 

Reserve Bank of Australia: 
Narelle acted for the Bank in its reform of the EFTPOS system and in litigation challenging those reforms which was commenced by a range of affected retailers including the Australian Retailers Association, Caltex, BP, Coles Myer and Australia Post. The proceedings involved 77 separate grounds of challenge. The Reserve Bank was wholly successful in the proceedings. Narelle also acted for the Reserve Bank in proceedings before the Australian Competition Tribunal relating to the EFTPOS system in which the Bank intervened as an interested party. 

Confidential Top Tier Bank: 
Narelle conducted a review of credit card and personal finance operations for compliance with consumer credit laws, streamlining operations and drafting and amending policies.

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Governance and Compliance

Confidential Top Tier Bank: Narelle conducted a review of credit card and personal finance operations for compliance with consumer credit laws, streamlining operations and drafting and amending policies.

See Governance and Compliance

Government Services

NSW Department of Transport: Narelle acted in its successful defence of proceedings bought by a tenderer in relation to the Smartcard based Integrated Ticketing System. The case is one of the leading cases concerning tender processes and tender process contracts. It involved extensive claims made by the Plaintiffs, including extensive claims of breach of contract. It required a detailed understanding of a complex project and the application of contractual and administrative law principles. The hearing was expedited and therefore involved overlapping workstreams and required a significant amount of work to be undertaken within a very short time. Narelle successfully managed a large team to ensure that the litigation was efficiently and effectively conducted. The Department was wholly successful on all claims. 

See Government Services

Litigation and Dispute Resolution

NSW Department of Transport: Narelle acted in its successful defence of proceedings bought by a tenderer in relation to the Smartcard based Integrated Ticketing System. The case is one of the leading cases concerning tender processes and tender process contracts. It involved extensive claims made by the Plaintiffs, including extensive claims of breach of contract. It required a detailed understanding of a complex project and the application of contractual and administrative law principles. The hearing was expedited and therefore involved overlapping workstreams and required a significant amount of work to be undertaken within a very short time. Narelle successfully managed a large team to ensure that the litigation was efficiently and effectively conducted. The Department was wholly successful on all claims. 

See Litigation and Dispute Resolution

Privacy

NSW Department of Transport: Narelle acted in its successful defence of proceedings bought by a tenderer in relation to the Smartcard based Integrated Ticketing System. The case is one of the leading cases concerning tender processes and tender process contracts. It involved extensive claims made by the Plaintiffs, including extensive claims of breach of contract. It required a detailed understanding of a complex project and the application of contractual and administrative law principles. The hearing was expedited and therefore involved overlapping workstreams and required a significant amount of work to be undertaken within a very short time. Narelle successfully managed a large team to ensure that the litigation was efficiently and effectively conducted. The Department was wholly successful on all claims. 

See Privacy

Retail Banking

Reserve Bank of Australia: Narelle acted for the Bank in its reform of the credit card system and in litigation commenced by Visa and MasterCard challenging those reforms. The reforms were unprecedented and, given the size of the credit card networks, wide reaching. Accordingly, the litigation was large scale, innovative and complex. The Reserve Bank was wholly successful in the proceedings. 

Reserve Bank of Australia: Narelle acted for the Bank in its reform of the EFTPOS system and in litigation challenging those reforms which was commenced by a range of affected retailers including the Australian Retailers Association, Caltex, BP, Coles Myer and Australia Post. The proceedings involved 77 separate grounds of challenge. The Reserve Bank was wholly successful in the proceedings. Narelle also acted for the Reserve Bank in proceedings before the Australian Competition Tribunal relating to the EFTPOS system in which the Bank intervened as an interested party. 

Confidential Top Tier Bank: Narelle conducted a review of credit card and personal finance operations for compliance with consumer credit laws, streamlining operations and drafting and amending policies.

See Retail Banking

Investigations and Crisis Management

Confidential: Narelle is acting for a number of financial institutions and services providers in relation to regulatory investigations and enforcement. The matters are confidential. They cover a range of financial services and credit activities. The matters have involved the full range of investigations and enforcement activities including compliance with ASIC Notices, liaison with regulators, advice on issues, establishment of governance structures and remediation.

See Investigations and Crisis Management

Cyber Security

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Knowledge

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