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AML/CTF FAQs for current Reporting Entities
15 Sep 2025
Naomi Fink
Special CounselI am already a reporting entity enrolled with AUSTRAC. Do I need to update my AML/CTF program? If so, when do I need to do it by? Yes. You will…...
Read moreRetail vs Wholesale Clients – Regulatory Concerns and Responses
06 Sep 2025
David Court
PartnerWhile there have been some changes to the wholesale client eligibility criteria since the FSR regime commenced in 2004, there has been little recent appetite from regulators or the Government…...
Read moreWholesale Client Eligibility – Sophisticated Investor and Individual Wealth Tests
08 Sep 2025
David Court
PartnerIn recent years, the issue of wholesale client eligibility has been attracting increased attention as an area in need of reform. Of particular interest are recent developments in relation to…...
Read moreHow to stay out of trouble? Key risks and lessons for Responsible Managers
01 Sep 2025
Ellie Khor
AssociateUnlike a director or officer, a Responsible Manager (“RM”) is not a legal concept. The term does not exist in the Corporations Act 2001 (“the Act”). It is a tool…...
Read more5 Frequently asked Questions about Setting up a Cryptocurrency Exchange in Australia
01 Jun 2021
Sarah Archer
Special CounselAre you thinking of setting up a crypto exchange? Given the number of enquiries we receive on this particular question, we thought it would be useful to set out…...
Read moreTop 10 Mistakes Credit Licensees are making – and how to prevent them
17 Oct 2019
Zoe Higgins
Previously a Special Counsel at Holley NethercoteWe have put together a list of the most common mistakes we've seen credit licensees make, and how to avoid them. Although some of these are specific to the credit…...
Read moreIs AI a threat or opportunity for Australian Financial Services and Australian Credit Licensees, today?
01 Jun 2024
Paul Derham
Managing PartnerFor the time poor readers, here’s the TL;DR. Artificial Intelligence (AI) presents unique regulatory and other risks that need to be managed. The law in Australia today applies to AI,…...
Read moreBan on conflicted remuneration for mortgage brokers and intermediaries – here to stay
21 Jul 2025
Rachel Erlich
Special CounselIn February 2020, the Financial Sector Reform (Hayne Royal Commission Response – Protecting Consumers (2019 Measures) Act 2020 (Act) passed both Houses of Parliament and received Royal Assent. The Act…...
Read moreUnprecedented wake-up call for AML/CTF in pubs & clubs: AUSTRAC sues Mounties
11 Aug 2025
Anthony Jensen
Special CounselKey takeaways: First AUSTRAC civil penalty proceeding brought against a pubs & clubs business, after ~5 years of putting the industry on notice Case stems from alleged failure to properly…...
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