Summary
- What you need to know
- What are Designated Services?
- What we will ask you to provide
- Client onboarding & AML/CTF process
- What if I am a current client?
- What additional information might be required from you
- What if you refuse or cannot provide information?
- Will there be a cost?
- How your information will be used
- Ongoing monitoring
- Further information
What you need to know
New laws to help fight money laundering and the financing of terrorism take effect on 1 July 2026. These Anti-Money Laundering and Counter-Terrorism Financing (AML/CTF) laws will apply to many services provided by lawyers, known as designated services. These are typically matters such as conveyancing, establishing or restructuring companies or trusts, and assisting with certain commercial arrangements. More information about which of our services are designated services is below. These obligations apply to all lawyers in Australia and may affect how we handle your matter.
The AML/CTF laws require us to collect and verify certain information about you, your business, and the transaction or matter you wish us to assist with before we provide designated services to you. This is known in the AML/CTF laws as client due diligence or CDD. We need to keep this information up to date for as long as you have a relationship with us.
What are Designated Services?
Among other things our designated services include:
- Assisting with buying, selling or transfer of commercial or residential real estate
- Assisting with establishment, buying, selling, transfer or restructure of a company, partnership, trust or other business structure
- Receiving, holding or managing client funds in trust in certain circumstances
- Arranging or assisting with equity or debt financing
- Acting on behalf of someone in certain roles or nominee arrangements for a company partnership, trust or other business structure
- Providing a registered office or principal place of business address for a company or legal arrangement
Not all services provided by our firm are designated services under the AML/CTF laws. For example, if you come to us solely to obtain advice, or resolve a dispute, the AML/CTF requirements may not necessarily apply. Feel free to discuss with our staff when you make contact.
In many situations, our experience tells us that certain matters that begin with services that are not designated services are likely to later develop so as to come within the AML/CTF laws. In these cases we conduct client due diligence at the outset of the relationship so as to avoid potential delays and inconvenience later on.
What we will ask you to provide
We use InfoTrack (a third-party provider) to collect most of the information we need. We will send you an electronic link from Infotrack to a client due diligence form that will ask you to provide key information about you and your business. For example if we are to act for you as an individual we will ask for your full name, residential address and date of birth. If your business operates through a company or trust we will need further information about those arrangements.
You will need to provide details of identity and other documents such as:
- Identity documents with your photograph, such as a current driver’s licence or passport.
- Other identity documents such as a birth certificate or citizenship certificate.
- Financial and transaction documents, such as payslips or bank statements, and contracts or agreements relating to your business arrangements or dealings with us.
If you are acting on behalf of someone else, we will ask for evidence of your authority to do so, such as a power of attorney, appointment letter, or board resolution.
Depending on your circumstances and the nature of your matter, we may also ask for other information about you and your business, such as your nationality, financial information, your reasons for dealing with us, and whether you hold a prominent public position in Australia, overseas, or in an international organisation (known as a being a “politically exposed person” or PEP). PEPs include senior politicians, judges, ambassadors, senior military officers, senior government officials, and senior officers of state-owned entities or international organisations.
Client onboarding & AML/CTF process
1. Initial Scoping
When you contact us for assistance we will collect information about your business including the type of entity is operates through such as a company or trust, your contact details including your email address, and the nature of your need for legal assistance.
Generally, we are required by law to complete this process before we can assist you. We will send you a hyperlink by text or email to the CDD platform on the Infotrack website. You will be asked to follow this link to identify yourself, and provide a range of information and supporting documents about your business and the legal services you require.
2. Engagement documentation
We will review the information you supply and may have more questions.
In most cases if we are satisfied that we have all the information required under our AML/CTF Program we will proceed to confirm the scope of our engagement and send you our Costs Disclosure Statement. In limited situations, if there isn’t time to complete these AML/CTF checks we can commence our engagement while they are completed.
In rare cases, if we cannot be satisfied that we have all the client due diligence information required under our AML/CTF Program, we may not be able to accept instructions to act for you.
3. Engagement documentation
If we are satisfied that we have all the information required under our AML/CTF Program (or that there as sufficient grounds to delay it) you will receive confirmation of the scope of engagement and our costs disclosure statement, which you will be asked to accept. If you have any questions about this information please do not hesitate to contact our office.
If you accept the terms of our engagement, the matter proceeds.
What if I am a current client?
Our AML/CTF Program does not require current clients as at 1 July 2026 to go through this CDD process. However, if anything about the relationship we have with you as such a client changes we may ask you to complete these customer due diligence checks in order to meet our obligations under the AML/CTF laws. Examples of when this might happen is if you instruct us in a new matter or the directors or shareholders of your business change.
What additional information might be required from you
As part of our AML/CTF client due diligence procedures, Danaher Moulton may ask you for additional information to help us verify your identity, understand who we are acting for, and determine whether any additional information is required.
Depending on your circumstances and the nature of your matter, this may include information or documentation about your source of wealth and/or source of funds.
If a company, trust or partnership is involved, we may also need to identify directors and the person or persons that ultimately own or control the company, trust or partnership.
What if you refuse or cannot provide information?
If you do not provide the information we are required to collect, we may be unable to act for you. If work has already commenced, we may be required to cease acting. We may also have to stop acting if continuing to do so would breach our professional obligations.
Will there be a cost?
The client due diligence procedures we are required to undertake involve searches of government databases such as for drivers licences and passports to verify your identification documents and ASIC registers to confirm the registration of your business. The fees we are charged for these searches will be passed on to you.
Please refer to your costs disclosure and costs agreement for more information or speak with us if you have any questions.
How your information will be used
We take privacy and data security seriously. Information you provide is handled in accordance with:
- Australian privacy laws
- Our professional confidentiality obligations
- AML/CTF regulatory requirements
We collect your personal information both directly by us and indirectly using the services of Infotrack. Your personal information is held securely and used only as required by law. We may disclose the personal information we collect to Infotrack for the purposes of compliance with our legal obligations. We do not use it for marketing purposes and we do not sell or trade client data. See our Privacy Policy for more information.
We retain your personal information for seven years after we have collected it or ceased to act for you.
Ongoing monitoring
The AML/CTF laws require us to monitor certain client transactions on an ongoing basis to ensure our information about you remains current. We will notify you if we need further information at any stage of your matter.
Further information
Please contact our office on 1300 363 316 or email info@danahermoulton.com.au if you have any questions about how these reforms affect our dealings with you.
You can also find more information about the AML/CTF laws on the AUSTRAC website at www.austrac.gov.au.
