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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 Usually Covered By These Laws


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SERVICE TYPE EXAMPLES OF MATTERS THIS MAY COVER
Conveyancing & Property Buying, selling or transferring property, managing settlement funds, helping set up ownership structures such as joint ownership or entities that hold property
Wills, Estates & Succession Transferring interests in property, dealing with estate assets, managing investments and using corporate or enduring powers of attorney
Business, Corporate & Commercial Buying or selling a business, shares or units in a trust, setting up or changing companies, trusts, partnerships or charities, or long term commercial leases
Trusts & Asset Structures Establishing trusts, changing trustees or updating beneficial owners of a trust or other asset holding structure
Client Money & Investments Matters where we receive, hold or manage your funds or other assets in our trust account as part of a transaction
If you are unsure whether your matter is affected, your lawyer will let you know at the start of your engagement and explain what, if anything, we need from you.

How the process works

Our aim is to keep the process clear, secure and as straightforward as possible.

We review your instructions and let you know whether these requirements apply to your matter and what checks are needed.

You receive our engagement documents and costs disclosure. If these laws apply, we will make that clear at the outset.

We send you a secure link through our identity verification provider so you can upload your identification and any requested information online.

We review the information provided, follow up on anything missing and complete the required assessment.

Once the checks are complete, we can start or continue 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:

  • Australian privacy laws

  • Our professional confidentiality obligations

  • Anti Money Laundering and Counter Terrorism Financing requirements

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 people 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 apply to law firms for some types of legal work. This means we must confirm who we are acting for and understand the matter before we can proceed.

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 if these requirements apply to your matter.

Yes. The rules apply to both new and existing clients. If your new matter falls within the services covered by these laws, we still need to complete the required checks.

In most cases, we will ask for 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.

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.

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.

We collect your information through a secure online system and use it only to meet our legal obligations and onboard you as a client. Your information is handled in line with privacy laws and our duty of confidentiality and is not used for marketing or sold to anyone.

Property verification of identity and Anti Money Laundering checks are different processes. Even if you have completed a property verification before, we may still need to complete these checks for a new matter.

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 Michelle van Niekerk at compliance@hocw.com.au.

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