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Samantha Hills

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Sam works primarily in financial services law.  Her clients are financial services and credit licensees.

Admitted to Practice

2004

Key Areas of Expertise

  • Advising financial services and credit licensees on regulatory requirements
  • Conducting licensee and file reviews
  • Drafting user-friendly compliance policies
  • Delivering training

Career Achievements

  • For many years, Sam has edited and contributed a substantial amount of content to T-REX, a monthly subscription-only publication explaining regulatory developments in financial services, credit and AML/CTF

Qualifications

  • Arts (Hons) and Law (Hons) from University of Melbourne, completed in 2003

Favourite Quote

The world asks of us only the strength we have and we give it.  Then it asks more, and we give it.”  This is from a poem called “The Weighing” by Jane Hirshfield.  I like how it captures the sense that we are stronger than we realise.

My Thoughts

Ongoing fee arrangements – consent, consent, consent

18 Nov 2024

The big-ticket item for advice licensees resulting from the DBFO Act is the changes made to ongoing fee arrangements (OFAs).  New provisions relating to OFAs come into effect from 10 January 2025.[i]  An OFA entered…

Conflicted remuneration – rearranging the shelves

12 Nov 2024

The DBFO Act has clarified the conflicted remuneration provisions, with the changes having taken effect from 10 July 2024. Before I explain this, be warned that there were two other important changes introduced by the…

FSG relief – what’s in it for me?

29 Oct 2024

From 10 July 2024, advice licensees and their corporate authorised representatives (CARs) and Authorised Representatives (ARs) have been able to take advantage of modest relief in relation to Financial Services Guides (FSGs). Reason for reform…

QAR Tranche 1 – Fact Sheet

24 Sep 2024

Date Topic Task Comment 10 July 2024 FSG relief Make FSG readily accessible on website and cease providing link and getting consent to sharing via link, when the only financial service being provided is financial…

What are the compliance requirements for regulated managed investment schemes?

05 Sep 2023

In our previous article, Managed investment schemes and when they must be registered, we looked at the definition of managed investment schemes, and what distinguishes a registered from an unregistered managed investment scheme. In this…

Managed investment schemes (MIS) and when they must be registered

01 Sep 2023

The term “managed investment scheme” is often used but not always well understood.  You might have come across the term while planning a new business venture which will involve attracting investors and having them contribute…

Regulation and risk collide: managing information as an AFS licensee

01 May 2023

With the recent spate of data breaches now extending to the financial services industry, Australian financial services licensees are racing to ensure that their information management procedures are up to scratch, fearing that they may…

Our submission in relation to the Quality of Advice Review Consultation Paper – Proposals for Reform

19 Sep 2022

Name/Organisation: Holley Nethercote Lawyers Questions Intended outcomes 1.    Do you agree that advisers and product issuers should be able to provide personal advice to their customers without having to comply with all of the obligations…

Do I really need to do Responsible Manager (RM) Training?

04 Jul 2022

  You’re busy.  Demand for financial services is high and there’s a skills shortage.  This leaves you with a lot to do.  On top of that, your compliance consultant is saying you need to do…

Our feedback to Treasury’s issues paper ‘Quality of Advice Review’

10 Jun 2022

Email: [email protected] Dear Ms Levy, RE: Quality of advice review – issues paper Thank you for the opportunity to provide feedback on Treasury’s issues paper Quality of Advice Review (the Issues Paper). ABOUT US We…

High Court to provide clarity on the meaning of Personal and General Financial Product advice

27 Aug 2020

The High Court of Australia is set to provide clarity as to when the line will be crossed between the giving of general financial product advice and the giving of personal financial product advice. Westpac…

I’m a Responsible Manager. What does this mean?

15 Apr 2020

We regularly train Responsible Managers (“RMs”) of AFS licensees to help them better understand their role.  Many RMs are curious to know what they have to do and whether they are personally exposed.  To get a handle…

Regulatory Developments – All that you can’t leave behind

31 Jan 2020

As you turned the corner into 2020, you might have been grateful to leave the events of 2019 behind you.  But regulatory developments in 2019 will drive the agenda in 2020 and beyond. We asked…

Directors duties of a responsibility entity

05 Sep 2019

Need a hand with understanding your duties as director of a responsible entity? Check out this case that made it all the way to the High Court. The case In the case, a responsible entity…

Protecting your AFSL from advisers who breach

04 Sep 2019

Being able to sever ties with an adviser who is causing you to breach your AFSL obligations is an important consideration for licensees. AR agreements and internal auditors You should be sure that your authorised…

Essential things you should know about contracts

03 Sep 2019

Even if you engage lawyers to draft or review your contracts, there are some essential things you should know. 1. The contract document does not necessarily reflect the whole agreement Even if its heading includes…

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