Article



Top 10 Mistakes Credit Licensees are making – and how to prevent them

17 Oct 2019
Top 10 Mistakes Credit Licensees are making – and how to prevent them

Zoe Higgins

Previously a Special Counsel at Holley Nethercote

We 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…...

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Is AI a threat or opportunity for Australian Financial Services and Australian Credit Licensees, today?

01 Jun 2024
Is AI a threat or opportunity for Australian Financial Services and Australian Credit Licensees, today?

Paul Derham

Managing Partner

For 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,…...

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Ban on conflicted remuneration for mortgage brokers and intermediaries – here to stay

21 Jul 2025
Ban on conflicted remuneration for mortgage brokers and intermediaries – here to stay

Rachel Erlich

Special Counsel

In 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…...

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Unprecedented wake-up call for AML/CTF in pubs & clubs: AUSTRAC sues Mounties

11 Aug 2025
Unprecedented wake-up call for AML/CTF in pubs & clubs: AUSTRAC sues Mounties

Anthony Jensen

Special Counsel

Key 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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ASIC v HSBC: Is “adequacy” enough to manage cybersecurity risk?

20 Dec 2024
ASIC v HSBC: Is “adequacy” enough to manage cybersecurity risk?

Jesse Vermiglio

Partner

While Optus and Medibank come to mind when we think of cyber incidents, ASIC is increasingly enforcing its regulatory priority of licensee failures to have adequate cyber-security protections. Think RI…...

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Weathering the Storm: Cybersecurity and managing information in the wake of the Optus & Medibank privacy data breaches

03 Feb 2023
Weathering the Storm: Cybersecurity and managing information in the wake of the Optus & Medibank privacy data breaches

Ellie Khor

Associate

Historically, businesses have kept documents to 'be on the safe side'.  But, as we now see in the wake of last year’s Optus and Medibank data breaches, this approach is not without…...

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Buy Now Pay Later reforms have commenced: what does this mean for you?

04 Aug 2025
Buy Now Pay Later reforms have commenced: what does this mean for you?

Katherine Temple

Special Counsel

Buy Now Pay Later (BNPL) providers are now regulated under the National Consumer Credit Protection Act 2009 (National Credit Act).[1]   So, what do these reforms mean for the BNPL industry?…...

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You’ve just suffered a ‘cyber’ incident – What are the legal risks?

02 Apr 2024
You’ve just suffered a ‘cyber’ incident – What are the legal risks?

Jesse Vermiglio

Partner

Ask Optus.  Its 14-hour national outage on 8 November 2023 led to a Parliamentary inquiry, the resignation of its then CEO, and loss of trust across the market. While it…...

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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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