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HOCW’s Approach to Anti-Money Laundering & Counter-Terrorism Financing
From 1 July 2026, new federal laws require law firms, including HOCW, to follow Australia’s Anti-Money Laundering & Counter-Terrorism Financing laws before providing some legal services.
These laws are designed to make it harder for criminals to use legal and other professional services to move or hide money linked to crime or terrorism.
For some matters, we must verify your identity, understand the purpose of the matter and how it is being funded, and keep records of the checks we complete. We are legally required to do this before we can act.
We use a secure verification platform to keep the process as simple and efficient as possible. Your information is handled in line with Australian privacy laws and our professional confidentiality obligations.
For more information about these reforms, see About the reforms | AUSTRAC.
Matters That May Be Covered By These Laws
| SERVICE TYPE | EXAMPLES OF MATTERS THIS MAY COVER |
|---|---|
| Conveyancing & Property | Preparing and reviewing contracts of sale | Buying, selling or transferring property | Investigating title | Liaising with lenders and financial institutions | Assisting with financing transactions ie. loan agreements | Preparing for and attending settlement | Managing settlement funds | Leasing that involves long term proprietary interests |
| Business, Corporate & Commercial | Buying or selling a business, shares or units in a trust | Preparing and reviewing share sale and purchase contracts | Conducting due diligence, advising on transaction structures, attending to settlement and related regulatory documentation | Setting up or changing companies, trusts, partnerships or charities, or long term commercial leases | Assisting with planning or executing loan agreements, mortgages and security documentation and assisting borrowers, lenders and guarantors in these transactions |
| Trust & Superannuation | Establishing trusts or restructure of trust arrangements such as changing trustees or updating beneficial owners of a trust or other asset holding structure or implementing transfer of assets or funds |
| Commercial Litigation & Insolvency | Holding, receiving and disbursing monies from the firms trust account in connection with litigation and insolvency matters | Receiving, controlling or distributing funds or assets as part of implementing an outcome or in the course of an insolvency process |
| Wills, Estates & Succession | Administration of deceased estates, dealing with estate assets including estate distributions and overseas beneficiary payments | Transferring interests in property, managing investments and using corporate or enduring powers of attorney, implementing trust structures | Handling of settlement funds in estate and trust disputes litigation |
| Family Law | Holding, receiving and disbursing monies from the firms trust account in connection with family law property settlements, the transfer of business interests or other assets and handling of settlement funds |
| Client Money & Investments | Matters where we receive, hold or manage your funds or other assets in our trust account as part of a transaction |
How the process works
Our aim is to keep the process clear, secure and as straightforward as possible.
We have an initial conversation and review your instructions and let you know whether these requirements apply to your matter and what checks are needed.
You receive our onboarding documents, costs disclosure and agreement. If these laws apply, we will make that clear at the outset.
We send you a secure link through our identity verification provider (First AML) so you can upload your identification and any requested information online. This can also be done in person at our offices.
We review the information provided, follow up on anything missing and complete the required assessment.
Once the checks are complete, we can start work on your matter.
Privacy & Security
We are committed to protecting your privacy and handling your information responsibly.
Information you provide for Anti-Money Laundering and Counter-Terrorism Financing checks is handled in line with:
Our professional confidentiality obligations
Anti-Money Laundering and Counter-Terrorism Financing requirements
Australian Privacy Laws
We use First AML, a specialist third party platform, to carry out identity verification and related compliance checks. Your identification documents are uploaded directly to that secure platform and are not stored on HOCW’s own servers.
Your information is used only for identity verification, compliance checks and client onboarding. We do not use it for marketing, and we do not sell or trade your data.
Information sent through the First AML platform is encrypted and stored securely. Access is limited to authorised team members and trusted providers involved in the verification process, and information is kept only for as long as required by law.
Learn More about First AML Security: Security | First AML
You can read more about how we handle personal information in our Privacy Policy.
Frequently Asked Questions
From 1 July 2026, new federal laws will require law firms to comply with Australia's Anti-Money Laundering and Counter-Terrorism Financing (AML/CTF) rules for certain types of legal work, also known as "designated services". This means we must confirm who we are acting for and understand the matter before we can proceed.
We may need to collect ID documents, company records, trust deeds, or information on the source of funds. If you’re representing a company, trust or other structure, we’re also required to identify and verify the individuals who ultimately own or control it.
No. It mainly applies to matters involving property or business transactions, certain company or trust work, or matters where we handle client money as part of a transaction.
We will let you know at the start of a matter if these requirements apply to you.
Yes. The rules apply to both new and existing clients.
If your new matter falls within the services covered by these laws or if there has been a change to your circumstances, we still need to complete the required checks.
In most cases, we will ask for your full name, date of birth, a current photo ID, proof of address and some basic information about you and your matter.
If a company, trust or other structure is involved, we may also need documents showing who owns or controls it.
Not at all. These checks are required by law and apply whenever the rules cover a matter. They are a standard part of the process and are not a reflection on you.
This isn’t because we think anything’s wrong - it’s because we’re required by law to apply consistent checks to everyone.
Yes. There is a small cost for the secure verification platform and the work involved in completing the checks. This will appear as a separate item in your costs disclosure and on your invoice.
We use First AML to assist with collection and verification, and First AML states that it maintains ISO 27001:2022 certification and uses safeguards including encryption in transit and at rest, access controls and monitoring.
Your information is handled in line with privacy laws and our duty of confidentiality and is not used for marketing or sold to anyone.
Verification of identity (VOI) for property and Anti Money Laundering checks are different processes. Even if you have completed a property VOI before, we may still need to complete these checks for a new matter. VOI is one small part of Know Your Client (KYC). AML law requires a full understanding of who our client is, how they’re using our services, and whether there are any financial crime risks, especially in complex structures.
We are happy to explain how your information will be used and protected. However, if we cannot complete the required checks, we may not be able to act for you in matters covered by these laws.
Questions
If you have questions about what we need from you, how the process works or how your information is protected, please contact our Compliance Manager at compliance@hocw.com.au.