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Bullion, prudential regulation and monetary law in Australia - a case for a narrow APRA carve-out and targeted Currency Act reform
“Virtually everything in history is documented by [the] coinage. And there is one thing interesting about the coinage, the buildings crumble, the paper gets lost, coins have survived.” [1] Executive summary Australia currently operates a de facto two-tier monetary and financial system separating legal tender from prudentially recognised “money-like” assets. Within this framework, bullion occupies an anomalous position: certain gold and silver coins are legal tender under the
helenfielder
Feb 114 min read
Illiquid assets, superannuation and retirement risk: structural lessons from recent fund failures
Introduction Australian superannuation funds have materially increased their exposure to illiquid assets over the past decade, including unlisted infrastructure, private equity, private credit and direct property. This shift has been driven by prolonged monetary accommodation, falling discount rates, the search for yield, and the scale advantages enjoyed by large institutional funds. While these allocations may be defensible for long‑horizon accumulation members, their growin
helenfielder
Jan 185 min read
Australia's strategic advantage in metals trade:responding to US import controls and China's export restrictions
Executive summary Recent actions by the United States and China mark a structural shift in global metals markets. China’s introduction of export licensing for silver and its established use of export controls across critical minerals, combined with the United States’ import-side actions under Section 232 to secure processed critical mineral supply chains, create a strategic opening for Australia. Australia’s comparative advantages: rule of law stability, scale of mineral endo
helenfielder
Jan 183 min read
Basel III, bank capital, and the illusion of guaranteed safety
Why Tier 1 gold, paper gold bans, and deposit guarantees are widely misunderstood, and what actually happens in a crisis. Bottom line: Basel III improves bank resilience in ordinary stress. It does not guarantee safety in a severe systemic downturn as capital can be exhausted. Deposit guarantees rely on government backstops, not a vault of cash. What Tier 1 and Tier 2 capital actually are Under Basel III, “Tier 1” and “Tier 2” refer to a bank’s capital (its own loss‑absorbing
helenfielder
Jan 175 min read


Navigating OCC and CFTC reforms: impact on Australia's Digital Asset landscape
The digital asset sector is evolving rapidly, shaped by regulatory changes across the globe. Recent reforms by the U.S. Office of the Comptroller of the Currency (OCC) and the Commodity Futures Trading Commission (CFTC) are creating ripples far beyond American borders. For Australia, a country with a growing digital asset market, understanding these reforms is crucial. This post explores how OCC and CFTC regulatory shifts influence Australia's digital asset environment, what
helenfielder
Dec 11, 20258 min read
Taxation anomalies: Bitcoin vs Gold and Silver Coins
Australia’s taxation laws treat Bitcoin far more favourably than gold and silver coins even though all function as forms of currency....
helenfielder
Sep 4, 20252 min read
Taking security over gold under the PPSA: towards a 'currency' classification
Introduction (1) Gold has long been regarded as a cornerstone of value preservation and a medium of exchange. Unlike Bitcoin, which has...
helenfielder
Aug 30, 20253 min read


Unlocking Australia's Resource Potential for a Sustainable and Prosperous Future - time to seize the moment
Australia is endowed with an abundance of natural resources, positioning the nation as a key player in the global economy. As we navigate...
helenfielder
Jul 5, 20253 min read


Securing non-traditional assets: a focus on Bitcoin
In recent years, Bitcoin has moved beyond the status of a speculative asset. It is increasingly being adopted by governments, financial...
helenfielder
Nov 12, 202418 min read


Top Banking and Finance Issues for AFSL Holders
In the world of banking and finance, Australian Financial Services Licence (AFSL) holders face a myriad of complex issues that require...
helenfielder
Nov 11, 20242 min read


Understanding AFSL application requirements for institutional investors including managed investment funds
Are you an institutional investor looking to navigate the complex world of Australian Financial Services licencing (AFSL)? Understanding...
helenfielder
Nov 11, 20242 min read


Compliance Program Best Practices for Wholesale Investors
When it comes to wholesale investors, compliance programs play a crucial role in ensuring adherence to regulations and fostering trust...
helenfielder
Nov 11, 20242 min read
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