Financial Services & Commercial Lawyer

Grant Holley

LinkedinManaging Partner

A founding partner of the firm, Grant enjoys helping people do business well.  With more than 30 years’ experience as a legal professional, and more than 20 years’ as an educator in commercial law, his skills set makes him an effective professional who leads well and naturally engenders stakeholder buy-in.

Admitted to Practice

1984

Key Areas of Expertise

  • Arbitration/mediation of financial advice disputes
  • Financial technology (FinTech)
  • Litigation
  • ADR
  • Financial services law
  • Competition and Consumer Law
  • Commercial law & equity

Career Achievements

  • Was a member of the Victorian Bar between 1986 and 1995.
  • Founded Holley Nethercote along with business partner Tim Nethercote in March 1995.
  • A contributing author to a number of legal publications and journals, including the Law Book Company's 'Laws of Australia', Butterworths' 'Halsbury's Laws of Australia', 'Encyclopaedia of Forms and Precedents' and 'Court Forms and Pleadings. Grant has also authored a book 'Management and the Law'.
  • A founding member and Associate of the Australian Compliance Institute, and a fellow of the Resolution Institute.

Qualifications

  • Bachelor of Economics
  • Bachelor of Laws
  • Master of Laws
  • Fellow of the Resolution Institute
  • Cert IV training and assessment. RG 146

Favourite Quote

“All generalisations are dangerous.”

My Thoughts

What is an Authorised Representative?

20 Aug 2020

“What’s in a name?” A fair bit when it comes to the term ‘representative’ under our Australian Financial Services licensing regime. The Act defines the term ‘representative’ as including Authorised Representatives, employees and directors of…

Royal Commission Review

06 Apr 2020

In a 1-hour webinar, Paul Derham, Kath Bowler and I discuss the largest issues in the financial services industry following the 2018 Royal Commission. Importantly, we learned that the large majority of misconduct flowed from only…

Efficiently, Honestly and Fairly – What does it mean?

30 Sep 2019

I’d like some “Efficiently, Honestly and Fairly” please, with a dash of “community expectations” thrown in.¹ I would like to start with what is, I think, an unarguable proposition. No matter how good your aim,…

Enforceable Undertaking – What you need to know as a licensee

17 Sep 2019

An enforceable undertaking, or EU, is an undertaking offered to ASIC, by what we affectionately refer to as “the Pingee”, which sets out in writing certain actions that the Pingee is prepared to undertake to…

How can a computer comply with the Best Interests Duty (BID)?

13 Sep 2019

The best interests duty Section 961B of the Corporations Act 2001 (Cth) (“the Act”) requires a provider of financial product advice to act in the best interests of the client in relation to the advice.…

Unfair Contract Terms – What’s the problem?

26 Nov 2018

You want to download an app on your phone, sign up for a service of some kind or rent a car. Someone comes to the door or telephones you and wants you to commit to…

Section 912A Corporations Act – Compliance, or a recipe for running a successful business?

29 Aug 2016

  One of the problems with reading legislation is that it is sometimes drafted in a way that obscures its true purpose. (I apologise to any parliamentary counsel that may be reading this article.) Take s912A…