Zoe Higgins
LinkedinSpecial CounselZoe joined the Holley Nethercote Sydney office in July 2016, and has extensive experience in the areas of financial services law, consumer credit law, alternative dispute resolution and regulatory matters. Zoe previously led the systemic issue investigation function of the Credit & Investments Ombudsman, and has also held roles at ASIC and with a major financial institution.
Favourite Quote
“If you could kick the person in the pants responsible for most of your trouble, you wouldn’t sit for a month.” – Theodore Roosevelt
My Thoughts
Don’t tick off the regulator: the role of the humble checklist
08 Jun 2022Misleading and deceptive advertising has been an enduring area of focus for ASIC – and a minefield for the licensees involved. We often remind our clients that ASIC regularly monitors the advertising of financial products…
‘Generally speaking’ – What to look out for if you’re considering a move to a general advice model
05 Oct 2021In 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 be described as that of…
Financial Services Compliance: Save or Spend?
06 May 2021When new clients are looking to engage us for the first time, they sometimes ask us for recommendations on what our first task should be. This is obviously more likely to happen where a business…
Credit licensees, lend us your ear on the new best interests obligations for the mortgage broking sector
30 Jul 2020Since 2009, credit licensees and their representatives have grappled with responsible lending obligations. Following the passage of legislation in response to recommendations of the Royal Commission, mortgage brokers will now also be required to comply…
Data breaches are big news, but don’t forget the privacy basics
20 Dec 2019From February 2018 onward, the notifiable data breaches (NDB) regime introduced new obligations for Australian government agencies and private sector organisations that were already subject to the Privacy Act 1988 (Cth). Following the commencement of…
10 easy steps to draft ‘clear, concise and effective’ Statements of Advice (SOA)
17 Oct 2019Financial advisers are required to provide Statements of Advice (SOAs) that are “clear, concise and effective”. But what does this actually mean in practice? We share some tips and identify some common mistakes based on…
Top 10 Mistakes Credit Licensees are making – and how to prevent them
17 Oct 2019We 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 licensees and the credit industry,…
AFCA: A fair worry
08 Oct 2019When I was in my second or third year of law school, I remember having to read some EDR scheme decisions to answer the following question: “What role do considerations of fairness play in the…
Proposed Internal Dispute Resolution (IDR) Reporting Requirements
24 Nov 2017Since the Ramsay Review commenced in 2016, there has been significant progress toward a new framework for External Dispute Resolution (EDR) in Australia. The new framework will include the establishment of the Australian Financial…