Innovative team amplifying growth and building trusted digital ecosystems
As digital economies around the world continue to expand, new technologies are reshaping the global marketplace, presenting opportunities only limited by our imagination. However, great opportunity comes with even greater responsibility. Our “5ABCD” (5G, AI, blockchain, cloud and big data) era has propelled cybersecurity, data controls, consumer protection, competition compliance and ethics to the top of the list of concerns for organisations… and all are playing out against the backdrop of a complex global regulatory landscape.
Our Digital Economy Insights
Technology is shaping productivity: Lessons from the 2025 KWM Digital Future Summit
How is technology changing what productivity means? And how can it secure our digital future across the region?
03 September 2025
ASIC issues draft guidance on digital assets
ASIC’s proposed updates reflect the regulator’s evolving interpretation of how the Corporations Act 2001 (Corporations Act) applies to crypto- and digital assets since INFO 225 was last updated in October 2021.
05 December 2024
The future of digital money is coming – evolutionary steps for Central Bank Digital Currency (CBDC) in Australia
An evolution of Australia’s monetary arrangements is a step closer this week, with the Reserve Bank of Australia (RBA) and Commonwealth Treasury releasing an important new paper on central bank digital currency (CBDC).
20 September 2024
When innovation meets regulation: The KWM Digital Future Summit 2024
Trust, safety, security and the regulators’ rise were central to messages shared across the 11 sessions at the KWM Digital Future Summit 2024, which culminated in a focus on the technology and innovation that is at the heart of our energy transition.
03 September 2024
Significant new powers given to the RBA and Treasurer to regulate payment systems
The PSRA gives the Reserve Bank of Australia (RBA) the power to designate payment systems and, in respect of those designated systems, impose access regimes, make standards, arbitrate disputes and give directions to participants. The RBA has used these powers to impose standards in relation to interchange fees, merchant surcharges and has established access regimes in relation to Visa and Mastercard.
27 October 2023
The first steps to an economy-wide digital identity
The government has published an exposure draft of legislation for an economy-wide digital identity system.
28 September 2023
Federal Government seeks to legislate document and face-matching verification services
The Government has introduced Bills to Parliament that would formalise the Government’s ability to provide three kinds of identity verification: a document verification service, an identity verification service and a driver licence facial verification service.
15 September 2023
Breaking down the barriers - operational enhancements set to better facilitate participation in the CDR
New changes to the CDR Rules will have a significant impact on the CDR regime, particularly to reduce barriers to participation in the CDR regime, better facilitate participation by CDR business consumers and introduce other operational enhancements.
14 August 2023
New Zealand Consumer Data Right
New Zealand are in the process of developing a consumer data right (NZ CDR) regime. The recently released Customer and Product Data Bill confirms that the proposed NZ CDR Regime will be broadly similar to the Australian consumer data regime. Notably, it will be following the same approach as Australia in rolling out to the banking industry first. Practically, this likely means that organisations who operate in both Australia and NZ should be able to leverage learnings from the Australian CDR in the NZ context.
25 July 2023
The Future of Money: Around the World in Central Bank Digital Currencies
From Australia’s pilot projects to Jamaica’s JAM-DEX, the UK’s budding Britcoin and China’s ever-expanding e-CNY, there is significant movement in central bank digital currencies (CBDCs) globally. Here, we take a journey around the world in CBDCs. Which countries are experimenting? Which have already implemented? And where is there resistance? For more on CBDCs, see our related insight on how they’re reshaping the payments industry.
19 May 2023
The Future of Money: Will Central Bank Digital Currencies reshape the payments industry?
The world is moving into the ‘second wave’ of digital currencies issued by central banks – will they take hold and what does it mean for financial institutions, consumers and businesses worldwide?
19 May 2023
Move Fast and Make Things: Edition 3
KWM’s newsletter for venture capital backed companies, smart capital and crypto.
26 April 2023
Merger reform update - ACCC continues calls for mandatory regime
While the ACCC continues to believe that Australia’s current merger laws aren’t fit for purpose, it appears to have refined its thinking on aspects of the proposals first unveiled in August 2021, following comments made by ACCC Commissioner Stephen Ridgeway during a keynote discussion at the Mergermarket M&A Forum Australia today.
16 March 2023
Not by the same token - Treasury releases its Token Mapping consultation
This month, the Australian Treasury released the Token Mapping consultation paper (“Paper”), a “foundational step” for establishing a framework for reform for the crypto sector.
01 March 2023
Our Fintech, Crypto & Blockchain Insights
More than meets the eye: navigating Australia’s proposed regime for Digital Asset and Tokenised Custody Platforms
Australia is taking its next active steps to strengthen the licensing, conduct and consumer protection framework for digital asset services.
02 October 2025
Crypto custody: ASIC expands its Regulatory Guidance under RG 133
The Australian Securities and Investments Commission (ASIC) has reissued Regulatory Guide 133 Funds management and Custodial Services: Holding assets (RG 133).
15 January 2025
Spotlight on crypto tax avoiders: Consultation Paper released on Crypto-Asset Reporting Framework
The Australian Treasury has released a long-awaited consultation paper on Australia’s implementation of the Crypto-Asset Reporting Framework (CARF) and amendments to the Common Reporting Standard (CRS) (OECD Crypto Rules).
03 December 2024
ASIC v Finder Wallet: the meaning for markets beyond crypto
On 14 March 2024, the Federal Court found that Finder Wallet Pty Ltd (Finder Wallet) did not contravene financial services regulatory obligations under the Corporations Act 2001 (Cth) (Corporations Act) in making its “Finder Earn” digital asset product available.
05 April 2024
Block learner: key lessons from the Federal Court’s first crypto enforcement judgment
On 9 February 2024, the Federal Court handed down its judgment in Australian Securities and Investments Commission v Web3 Ventures Pty Ltd [2024] FCA 64 (ASIC v Web3 Ventures).
26 February 2024
Funding winter – fixing the damaging valuation gap in APAC’s ailing Fintech companies
Amid a climate of high interest rates and other macroeconomic challenges, are APAC’s Fintech companies really unable to attract new investors and capital?
12 October 2023
Senator Bragg's crypto bill "rejected" by Senate Economics Legislation Committee
As crypto regulations continue to unfold around the world, Australia is currently in the throes of considering the most appropriate model of crypto-asset regulation.
06 September 2023
Non-bank lenders: key issues in the thin capitalisation amendment bill
We have been considering the implications for non-bank lenders of the recently released Treasury Laws Amendment (Making Multinationals Pay Their Fair Share—Integrity and Transparency) Bill 2023 (Bill). The first version of these reforms was released in the March 2023 Exposure Draft (ED).
19 July 2023
APRA finds gaps in compliance with CPS 234
The Australian Prudential Regulation Authority (APRA)’s initial round of tripartite cyber assessments of regulated entities against prudential standard CPS 234 (CPS 234) has revealed significant control gaps in relation to their compliance with the requirements of CPS 234.
12 July 2023
A reminder about FSCODA following recent enforcement action by APRA
As the Australian Prudential Regulation Authority (APRA) has recently taken enforcement action against an Australian authorised deposit-taking institution (ADI) under the Financial Sector (Collection of Data) Act 2001 (“FSCODA”) , we thought it timely to provide a refresher on the requirements of FSCODA and potential consequences of non-compliance.
11 July 2023
Cryptocurrency is “property” under Hong Kong law: Part 1 – what are the key implications and what is the judicial position in Mainland China?
On 31 March 2023, in the landmark decision of Re Gatecoin Limited (In Liquidation) [2023] HKCFI 914 (“Gatecoin Case”), the Court of First Instance of Hong Kong has, for the first time, ruled that cryptocurrency is “property” under Hong Kong law. The Gatecoin Case is one step ahead of the Hong Kong Government’s policy statement that, in order to enhance investor protection, there is a possibility of introducing a statutory definition of cryptocurrency as property, while recognising that the unique characteristics of cryptocurrency may differ from traditional assets. In ruling that cryptocurrency is “property”, the Gatecoin Case brings Hong Kong’s jurisprudence in line with other major common law jurisdictions. Interestingly, despite Mainland Chinese regulators’ imposition of a general ban on cryptocurrency trading, the judicial position in Mainland China on the legal status of Bitcoin also broadly aligns with that in major common law jurisdictions.
08 May 2023
Fintech regulatory timeline
A timeline of key dates in the Australian fintech regulatory space in 2023 and beyond.
08 May 2023
Move Fast and Make Things: Edition 3
KWM’s newsletter for venture capital backed companies, smart capital and crypto.
26 April 2023
Crypto litigation risk heats up: promoters & VCs on notice
Crypto’s recent tumultuous ride has seen class action and general litigation risk increase. There is a growing wave of class action litigation abroad (particularly in the US) alleging that investors had the risks of crypto investments misrepresented to them or were mis-sold products.
26 April 2023
Not by the same token - Treasury releases its Token Mapping consultation
This month, the Australian Treasury released the Token Mapping consultation paper (“Paper”), a “foundational step” for establishing a framework for reform for the crypto sector.
01 March 2023
Consumer Data Right in 2023
We expect 2023 to be the CDR’s most significant year since its inception, with the anticipated introduction of important new functionality for the CDR, and its rollout to key new sectors.
24 February 2023
E-signing by companies under the Corporations Act here to stay
The Corporations Amendment (Meetings and Documents) Bill 2021 (Cth) has received Royal Assent and has now commenced.
23 February 2022
