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  • Anybody home? The importance of checking whether your corporate clients have been deregistered

    17 Oct 2023

      There is no express obligation for a financial services provider to monitor its client lists for deregistered companies.  However, the recent case of ASIC v Westpac [2022] FCA 515 has demon

  • Annual Compliance Trends Survey Results Released

    06 May 2025

    Holley Nethercote is excited to present our third Compliance Trends Survey Report. This survey was conducted in February 2025 across over 200 Australian financial services and Australian credit licenc

  • And the record greenwashing penalty goes to…

    03 Mar 2026

    Greenwashing is a term often used across the financial services industry, yet is frequently misunderstood. At its core, it refers to the misrepresentation of a financial product or investment strategy

  • AML/CTF FAQs for current Reporting Entities

    15 Sep 2025

    I 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 need to review and update your AML/CTF Program to ensur

  • All Over – the Business impact after COVID-19

    21 Oct 2020

    We are all ‘over COVID’, but are we ‘all over’ the business law issues likely to arise when COVID-19 is all over? Our objective with Commercial Corner is to address some of the legal issues

  • AFCA: A fair worry

    08 Oct 2019

    When 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 EDR de

  • AFCA receives its first report card

    02 Mar 2022

    The Australian Financial Complaints Authority (“AFCA”) has received its first report card since it commenced operations on 1 November 2018. The legislation establishing AFCA required the Minist

  • AFCA – so what is fair?

    20 May 2020

    As I write this in May 2020, we are facing difficult times.  We are grappling with a global pandemic caused by COVID-19.  And, as we experienced during the global financial crisis, complaints appear

  • Advice fees from super – important changes for advice licensees

    04 Dec 2024

    It pays to understand super trustees’ obligations as modified by the DBFO Act when it comes to advice fees.  For an advice licensee, this will be useful when it comes to understanding the obligatio

  • A new AFS licensing regime for Foreign Financial Service Providers

    31 Mar 2020

    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 hold a