Rachel Erlich
LinkedinSpecial CounselRachel joined the Holley Nethercote Melbourne office in 2018. Rachel has a broad range of experience in Consumer Credit Law, Privacy, Banking and Finance Law, Financial Services Law and Commercial Law. Rachel also has a keen interest in delivering training.
Favourite Quote
“You have brains in your head, you have feet in your shoes, you can steer yourself in any direction you choose.” – Dr Seuss
My Thoughts
Section 30 and Section 33 Notices – ASIC’s Power to Compel Production of Books
05 Apr 2024The Australian Securities and Investments Act 2001 (ASIC Act) gives ASIC the power to issue section 30 and section 33 notices compelling the production of certain books. Section 30 and section 33 notices are tools…
Do I need an AML Licence in Australia?
24 Nov 2023“Do I need an AML Licence in Australia?” is a commonly asked question. You might be surprised to learn that there is in fact no such thing as an Australian AML Licence. But, if you…
Compliance Committees – why do we need them?
06 Mar 2023The term Compliance Committee is used in a variety of contexts in financial services. It may be a reference to a committee that is required by law, or it may be a reference to a…
AFCA receives its first report card
02 Mar 2022The 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 Minister (for Superannuation, Financial Services and the Digital Economy)…
RG 271 – Are you ready for the new Internal Dispute Resolution (IDR) requirements?
02 Jul 2021The Australian Securities and Investments Commission (ASIC) released Regulatory Guide 271: Internal Dispute Resolution (RG 271) on 30 July 2020. ASIC’s internal dispute resolution (IDR) reporting requirements will come into effect at a later…
ASIC’s Product Intervention Power – How does it work?
01 Dec 2020Since 6 April 2019, ASIC has had the power to proactively intervene in relation to a financial or credit product (“product”) or class of products to reduce the risk of significant detriment to consumers. In…
Ban on conflicted remuneration for mortgage brokers and intermediaries – delayed but on its way
03 Aug 2020In February 2020, the Financial Sector Reform (Hayne Royal Commission Response – Protecting Consumers (2019 Measures) Act 2020 (Act) passed both Houses of Parliament and received Royal Assent. The Act amends the National Consumer Credit…
AFCA – so what is fair?
20 May 2020As 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 to be…
10 tips to keep your promotional material from being misleading or deceptive
07 Oct 2019Whether your business provides financial services, credit services or anything else, you are legally responsible for the content of the promotional material that you publish, or otherwise make available, in the public arena. In this…