The big issue with issuing – Can it be done without holding an AFSL?

30 Jun 2025
The big issue with issuing – Can it be done without holding an AFSL?

David Court

Partner

Under the financial services laws, a person that carries on a financial services business must hold an AFSL covering the provision of those services, unless an exemption applies. Issuing a…...

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Who’s in control? Changes of control to a licensed entity and your obligations

05 Jun 2025
Who’s in control?  Changes of control to a licensed entity and your obligations

David Court

Partner

In this article, we examine the obligation of AFSL holders and credit licensees to determine whether there has been a change of control in their entity, and subsequently report any…...

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Class actions and regulatory intervention – Two sides of the same sword?

02 Jun 2025
Class actions and regulatory intervention – Two sides of the same sword?

Anthony Jensen

Special Counsel

Since 1992, when class actions were enshrined in Australia’s legal framework, the link between them and regulatory interventions has been ever-present, and evolving. Having acted for parties on either side…...

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FACT SHEET: What is an AML/CTF Program?

22 May 2025
FACT SHEET: What is an AML/CTF Program?

Keddie Waller

Head of AML/CTF Strategy

This Fact Sheet has been prepared based on the future requirements of the AML/CTF regime for Tranche 2 entities that will commence 1 July 2026. An AML/CTF Program is not…...

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FACT SHEET: What are the AML/CTF Governance Obligations?

22 May 2025
FACT SHEET: What are the AML/CTF Governance Obligations?

Keddie Waller

Head of AML/CTF Strategy

This Fact Sheet has been prepared based on the future requirements of the AML/CTF regime for Tranche 2 entities that will commence 1 July 2026.  As a reporting entity, you…...

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FACT SHEET: Can you outsource your AML/CTF Obligations?

22 May 2025
FACT SHEET: Can you outsource your AML/CTF Obligations?

Keddie Waller

Head of AML/CTF Strategy

This Fact Sheet has been prepared based on the future requirements of the AML/CTF regime for Tranche 2 entities that will commence 1 July 2026.  It is possible to outsource…...

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Annual Compliance Trends Survey Results Released

06 May 2025
Annual Compliance Trends Survey Results Released

Kath Bowler

General Manager

Holley Nethercote is excited to present our third Compliance Trends Survey Report. This survey was conducted in February 2025 across over 200 Australian financial services and Australian credit licence holders.…...

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Top concerns for credit licensees and how to manage them

04 Apr 2025
Top concerns for credit licensees and how to manage them

Samantha Hills

Partner

We have put together a list of some of the most common compliance concerns raised by credit licensees in our Annual Compliance Trends Survey Report and some suggestions on how…...

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Some practical lessons on the regulatory “wildcard” – the efficiently, honestly and fairly obligation

28 Feb 2025
Some practical lessons on the regulatory “wildcard” – the efficiently, honestly and fairly obligation

Ellie Khor

Associate

Section 912A of the Corporations Act 2001 sets out the “ten(ish) commandments” for AFS licensees, the first of which is the obligation for a licensee to do all things necessary…...

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