Article



To apologise, or not to apologise – that is the question

25 Sep 2025
To apologise, or not to apologise – that is the question

Anthony Jensen

Special Counsel

Imagine: Major news outlets have just published damaging allegations of serious and systemic misconduct by your business, potentially resulting in significant losses by your customers.  To make matters worse, the…...

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So, you operate your small business through a company. Do you understand how it must operate and what is required of you?

17 Nov 2025
So, you operate your small business through a company. Do you understand how it must operate and what is required of you?

Tim Dixon

Special Counsel

Are you a sole director of a company through which you operate your business or are you a co-director of a family-owned business with your spouse or partner?  It is…...

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Services Agreements in financial services. What are the essentials?

05 Nov 2025
Services Agreements in financial services.  What are the essentials?

Alison Rees

Senior Associate

No doubt you will be aware of the alarming number of high-profile Federal Court proceedings commenced this year that deal with AFSL holders monitoring and supervising their service providers (or…...

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‘Generally speaking’ – What to look out for if you’re considering a move to a general advice model

05 Oct 2021
‘Generally speaking’ – What to look out for if you’re considering a move to a general advice model

Zoe Higgins

Previously a Special Counsel at Holley Nethercote

In conducting licensee reviews for our clients, we look at their documented compliance arrangements and speak with their staff.  One recent theme to emerge from many of these interviews can…...

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Increased Competition Scrutiny in the Financial Services Sector by the ACCC

02 Mar 2021
Increased Competition Scrutiny in the Financial Services Sector by the ACCC

Grant Holley

Co-Founder & Consultant

The role of the ACCC in the financial services sector has grown since the last time we explored its involvement back in 2012. Review of the Financial Services Sector Productivity…...

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Responsible Managers and the Key Person Condition – The Consequences

20 Jan 2021
Responsible Managers and the Key Person Condition – The Consequences

Frank Varga

Head of Licensing

We have previously discussed what does it mean to be a Responsible Manager? To recap, Section 912A of the Corporations Act, which sets out the key obligations of an AFS…...

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Current ASIC trends in AFSL and ACL applications and variations

05 Jul 2019
Current ASIC trends in AFSL and ACL applications and variations

Frank Varga

Head of Licensing

Some of you reading may already hold a licence issued by ASIC, be it an AFSL, an ACL or both. If you’re not looking to set up a new business…...

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I Want to Buy an AFSL

12 Oct 2020
I Want to Buy an AFSL

Frank Varga

Head of Licensing

  “Do you have an AFSL that we can buy?”  This is a regular query that we receive which results in a lengthy response. Buying an Australian Financial Services Licence…...

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A new AFS licensing regime for Foreign Financial Service Providers

31 Mar 2020
A new AFS licensing regime for Foreign Financial Service Providers

Sarah Archer

Special Counsel

Foreign financial service providers will be subject to a new regulatory regime from 1 April 2020, which will require a number of previously exempt foreign financial service providers (FFSPs) to…...

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