Consumer credit
Prescriptive rules, practical answers
Australia’s consumer credit regime is detailed and unforgiving. The National Consumer Credit Protection Act 2009 and the National Credit Code govern who can lend, how loans are disclosed and documented, and what you must do when a borrower is in hardship or default. Getting it wrong can mean ASIC action, civil penalties and unenforceable loans.
We help lenders get it right from the start. Because our partners have worked inside major banks and on large lending programs, our advice is built around how lending businesses actually run: what your credit team needs, what your systems can do, and what ASIC expects.
Who we act for
Advice for every kind of credit provider
Non-bank lenders
Residential, personal and small-amount lenders that need documents, policies and licensing advice that fit their model.
Fintechs and BNPL providers
New products, platforms and payment models, including buy now pay later, now regulated as credit.
Banks and established lenders
Product changes, policy reviews and regulatory questions, handled quickly by lawyers who understand bank processes.
New entrants
Working out whether you need a credit licence, and building your lending business to be compliant from day one.
How we help
Our consumer credit services
- Establishing regulated lending programs, with the full suite of loan documents for NCC-regulated loans
- Reviewing and updating your existing loan documents for current law
- Australian credit licence applications and variations, and ongoing compliance support
- Credit and responsible lending policies
- Hardship, internal dispute resolution, enforcement and verification of identity procedures
- Privacy, credit reporting and AML/CTF policies for lenders
- Advice on NCCP Act exemptions and applications to ASIC for relief
- Design and distribution obligations for credit products, including target market determinations
- Buy now pay later and low cost credit contracts
- Loan transactions, from documents and execution through to settlement
Selected work
Recent matters for lenders
Non-bank lenders and fintechs
Act for non-bank lenders and fintech providers on loan documentation, lending programs and regulatory issues.
Policy reviews
Review lender policy documentation for compliance with privacy, AML/CTF, data, National Credit Code and Corporations Act requirements.
Design and distribution
Advised a financial services client on its design and distribution obligations and drafted its target market determination templates.
ASIC relief
Helped clients prepare and submit applications to ASIC for relief from legislative requirements.
Why Hindsight
Why lenders choose us
We’ve sat on the bank’s side
We’ve worked inside major banks, so we know how credit, risk and compliance teams work together.
Regulatory and transactional in one team
Our regulatory lawyers also run loan transactions, so issues are spotted early, not after settlement.
Partner-supervised, every matter
Every matter is supervised by one of our Founding Partners.
Clear scope and fees
We agree the scope and fees with you upfront, so there are no surprises.
Our partners
The team behind your lending program
Our consumer credit work is led by our Founding Partners, who have advised banks, non-bank lenders and fintechs on credit licensing, responsible lending and product design.
Michael Lazar
Founding Partner
Formerly NAB and Dentons. Advises banks, credit providers and SMSF lenders on regulation and structuring.
AJ Sridaran
Founding Partner
Formerly Macquarie Bank and Dentons. Legal 500 ‘lawyer to note’ in fintech and financial services regulation.
Recognised by the Legal 500 and Lawyers Weekly
Meet our partners →FAQs
Frequently asked questions
Do we need an Australian credit licence?
If you engage in credit activities, such as providing consumer credit, you generally need an Australian credit licence unless an exemption applies. We can assess your model, tell you whether an exemption is available, and help with the licence application if not.
Is buy now pay later now regulated?
Yes. Since 10 June 2025, buy now pay later contracts are regulated as low cost credit contracts under the National Credit Act. Providers need an Australian credit licence and must meet responsible lending obligations, with some modifications available for low cost credit.
Can ASIC exempt us from a requirement?
ASIC has power to grant relief from certain credit law requirements. Its approach is set out in Regulatory Guide 51. We can tell you whether relief is realistic and prepare the application.
Do design and distribution obligations apply to credit products?
Yes. Most consumer credit products need a target market determination, and lenders must take reasonable steps so products reach customers in that target market. Our design and distribution page has more detail.
Can you review our existing loan documents?
Yes. We review your contracts, disclosure and security documents against current law and update them so they’re ready to use.
Talk to us
Need help with your credit obligations?
Whether you’re launching a product or reviewing an existing one, book a call and we’ll tell you what you need to do and what it will cost.