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Member Articles


Are You VASP-Ready? Understanding Your New AML/CTF Obligations in Australia

The Anti-Money Laundering and Counter-Terrorism Financing Amendment Act 2024 (Cth) (the Act) passed on 29 November 2024, will usher in a major overhaul of AML/CTF laws for digital currency exchanges in Australia. We brea ...

Adjudicator Discretion and Legal Error: Builtcom Constructions v VSD

Whilst not fatal to a determination, it is wrong as a matter of law to strictly apply the Cardno test when determining whether additional material has been duly made. Adjudicators are afforded considerable leeway for mis ...

Open for Digital Business: DECA Urges Reforms on Tokenisation, Tax and Trade

The Digital Economy Council of Australia (DECA), an independent industry group, has released a policy paper on reforms needed to unlock the benefits of asset tokenisation and trade digitalisation through reform of the cu ...

Under the Hammer: Offshore Platforms Face ASIC Scrutiny

Australia’s maintains a very broad definition of what it means to “carry on business in Australia” for the purposes of financial services laws and, in the digital age, the line between what is and what is not carry ...

Federal Court Confirms Reasonable Notice Term May Be Implied Into Employment Contracts

The Federal Court of Australia (Federal Court) in Cropper v Energy Action (Australia) Pty Ltd (No 2) [2025] FCA 663 (Cropper) has recently confirmed courts will imply a contractual term requiring reasonable notice of ter ...

Strictly Served: Unread Emails and Premature Service

Can a payment claim sent by email be validly served if the respondent never reads it? And if the claimant’s follow-up notice of intention to adjudicate is sent before the statutory clock has run, can a good faith attem ...

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