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Derivatives Laws and Regulations for Alternative Asset Managers

Australia

Chapters & Answers

12 chapters with 53 sections

1.1

Overview of the Derivatives Market

Australia's derivatives market is integral to its financial system, with activity concentrated in Sydney as the largest financial centre in Australia and the headquarter for many major financial institutions as well as the Australian Securities Exchange (ASX). It supports a variety of derivatives, with the key asset classes being equities, interest rates, credit, commodities (including agricultural products such as wheat and wool, metals and energy products) and foreign exchange. Participants include institutional investors, banks, corporations and hedge funds. Over-thecounter (OTC) derivatives dominate the market, alongside exchange-traded derivatives which are traded on platforms like the ASX.

1.2

Historical Context and Market Evolution

Organised futures trading began in Australia with the Sydney Futures Exchange (SFE) in 1960, initially established to provide wool hedging facilities for the domestic industry. This commodity-focused foundation expanded significantly when the Australian Options Market launched in 1976, marking the market's evolution into financial derivatives. The transformation accelerated with the introduction of financial futures, commencing in 1979 with 90-day bank bills, followed by Share Price Index (SPI) futures in 1983 and bond futures in 1984. The floating of the Australian dollar in December 1983 proved a watershed moment, creating new currency and interest rate risks that drove substantial growth in derivatives trading as market participants sought hedging instruments. This period of rapid development culminated in the formation of the ASX in 1987 through state exchange amalgamation, which subsequently demutualised in 1996, listed on its own market in 1998, and merged with the SFE in 2006 to create an integrated securities and derivatives platform. Market crises have profoundly shaped the Australian derivatives landscape. The October 1987 crash saw SPI volumes collapse to just 10 per cent of pre-crash levels, whilst the 2008-09 financial crisis triggered even more fundamental changes, leading to G20 Pittsburgh Summit commitments that drove comprehensive reform of OTC derivatives markets globally, including in Australia. Following the G20 commitments, 2013 amendments to the Corporations Act enabled mandatory reporting and clearing obligations, with central clearing mandated in 2015 for interest rate derivatives in Australian dollars and four major global currencies for internationally active dealers. Parallel to these regulatory developments, technological transformation revolutionised market structure. The ASX launched electronic trading through its Stock Exchange Automated Trading System (SEATS) in 1987, completing full conversion by 1990, whilst the Sydney Futures Exchange's SYCOM system, introduced in 1989 as the world's first after-hours electronic trading platform, became the sole trading mechanism by 1999. By 2001, Australia had achieved complete electronic trading across all exchange-traded equities and derivatives. This technological shift accompanied a fundamental change in product mix, with financial futures replacing commodities to comprise over 90 per cent of turnover by 1987, establishing core products including SPI 200 futures, bank bill futures, and bond futures that remain central to the market today.

Contributing Editors

Louise
Louise McCoach
Dentons
With over 25 years’ experience, Louise is a leading financial institutions lawyer in the Sydney office specializing in securitization, debt capital markets, structured finance, derivatives and sustainable finance. Louise is a trusted advisor for both national and international clients across range of sectors including financial institutions, corporate, infrastructure and energy. She has acted on a wide range of domestic and cross border securitization and debt capital markets transactions and is highly regarded for her structuring work on highly complex and bespoke derivatives. Louise's securitization experience includes acting for dealers and issuers including major Australian trading banks and investment banks on a range of listed and unlisted domestic, euro, global and privately placed RMBS and asset-backed securitization transactions. Louise has advised on a number of world-firsts, including the first foreign issue into the US under the new Reg AB rules, the first grain production hedge and the largest synthetic securitization of insurance-linked receivables. Louise has also ioneered innovations in the use of prepayment structures for ACCU financing and advised on a range of ESG-linked securitization, note and derivatives products. She has a strong profile in the Australian capital markets and is an active member of several industry groups. Louise is valued for her legal knowledge and commercial acumen. Clients value her focus on finding solutions, her sophisticated legal advice, her responsiveness and her ability to work collaboratively.