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Is the end coming for the Sophisticated Investor?
22 Oct 2018
David Court
PartnerThe distinction between wholesale and retail clients is a fundamental part of the financial services laws. The continuing increase in retail client regulation over recent years (such as the…...
Read moreCryptocurrency Exchanges must now fully comply with the Anti-Money Laundering and Counter-Terrorism Laws in Australia
04 Oct 2018
Naomi Fink
Special CounselIf you are operating a cryptocurrency/digital currency exchange (DCE) which exchanges fiat (Australian or foreign currency) for digital currency and/or vice versa, you would be aware that from 3…...
Read moreIt’s time to dust off your conflicts of interest policy
27 Jun 2018
Jesse Vermiglio
PartnerEarlier this year, ASIC launched a crusade against poor financial advice. ASIC looked at how some of Australia’s larger banking and financial services institutions dealt with conflict of interest…...
Read moreProposed Internal Dispute Resolution (IDR) Reporting Requirements
24 Nov 2017
Zoe Higgins
Previously a Special Counsel at Holley NethercoteSince 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…...
Read moreAustralia Provides Relief for GST Treatment of Digital Currencies
22 Nov 2017
Mark Sneddon
Special CounselThe recent changes to the law in Australia align the GST treatment of digital currency with the GST treatment of money (particularly foreign currency). However, it will be important…...
Read moreWhy Australian Financial Services Licensees absolutely MUST prioritise cyber-resilience
17 Nov 2017
David Court
Partner12-18 November is Fraud Awareness Week, and once again, cyber-resilience is a hot topic. As a licensee, do you wonder what you legally have to do? Before we tell…...
Read moreRoom to improve AML/CTF Systems and Controls – Our take on AUSTRAC’s Risk Assessment
25 Oct 2017
Alexa Bowditch
Previously a Lawyer at Holley NethercoteIn July 2017, AUSTRAC released its latest money laundering and terrorism financing (ML/TF) risk assessment which focuses on the securities and derivatives sector. Similar to past risk assessments released…...
Read moreCertified Wholesale – SMSFs and Accountant’s Certificates
14 Oct 2017
David Court
PartnerOn 7 July 2017, ASIC issued a media release concerning action that it had taken over a particular example of perceived inappropriate use of accountant's certificates to treat investors…...
Read moreSo you’re planning on opening a cryptocurrency (e.g. Bitcoin, Altcoin) exchange
28 Jun 2017
Alexa Bowditch
Previously a Lawyer at Holley NethercoteBitcoin and other cryptocurrencies have seen a significant value increase in the recent past. If you had the foresight to invest in Bitcoin and Ethereum in January 2017, you…...
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