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What the new anti-money laundering laws mean for you

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What the new anti-money laundering laws mean for you

From 1 July 2026, Curae Law must comply with new anti-money laundering and counter-terrorism financing (AML/CTF) laws. In practice, the main change you will notice is that we now need to verify your identity before starting certain types of work and in some cases, we may not be able to act for you until that is done.

It is important to say clearly: these checks are not because we suspect anything about you. They apply to every client, at every law firm, for the relevant services – much like the identity checks your bank already carries out.

Here is a plain-English explanation of what is changing, why and what it means for you.

What is AML/CTF?

Anti-money laundering (AML) and counter-terrorism financing (CTF) laws are designed to make it harder for criminals to move the proceeds of crime through legitimate businesses. They require certain businesses to check who they are dealing with, keep proper records, and report particular matters to the national regulator, AUSTRAC.

Australia has had these laws for many years for banks and similar businesses, but they now extend to a range of professions that can be misused to move money, including lawyers, accountants, conveyancers and real estate agents. This next stage is often called “Tranche 2”, and for law firms it takes effect on 1 July 2026.

What this means for you

Before we provide certain services, we are now required to complete customer due diligence (sometimes called “know your client”, or KYC). At its simplest, that means verifying your identity and asking certain questions about your matter so that we can meet our obligations.

A few key points:

  • It applies to new and existing clients. If you have been with us for years, we will still need to bring your file up to date.
  • It is a legal requirement, not a choice. It applies to every client for the relevant services. It is not personal and it does not mean we have any concern about you.
  • We may not be able to start or continue work until your identity is verified. Completing the process promptly helps us avoid delays on your matter.

Which of our services are affected?

The rules apply to specific “designated services”, not everything a lawyer does. As a guide, verification is likely to be required where we help you with:

  • buying, selling or transferring property (conveyancing);
  • administering a deceased estate where we receive or hold estate funds;
  • estate and succession planning that involves setting up or restructuring a company or trust;
  • establishing or restructuring companies, trusts or other structures; and
  • debt recovery.

Some services generally will not trigger these checks – for example, an initial consultation, a simple will or enduring power of attorney prepared on the spot, or a straightforward grant of probate where we do not hold estate funds. Even then, our usual identity checks still apply.

The rules are detailed, so the safest course is simply to follow our lead – we will tell you whether your particular matter is affected.

What we will need from you

For an individual, we will usually ask for a current government-issued photo ID – such as your driver’s licence or passport – and confirmation of your name, date of birth and residential address.

To make this straightforward, we use a secure verification service (InfoTrack). We will send you a link by email or SMS; you follow the prompts and confirm your details, which usually takes only a few minutes.

If your matter is in the name of a company, trust or other entity, we will also need to verify the people who own or control it – for example, directors, shareholders with a significant holding, trustees, and certain beneficiaries – and we may need to see documents such as the trust deed. We will let you know exactly what is required for your structure.

What it costs

A small identity verification fee applies, charged to your matter as a disbursement (a third-party cost we pass on to you). As a guide, this is usually around $40 for an individual, with an additional amount where a company or trust also needs to be verified.

Our ongoing obligations

Identity verification is largely a one-off step, but some obligations continue in the background. We are required to keep your information current and may occasionally ask you to confirm or update your details. We also have to monitor for unusual activity and, in limited circumstances, report certain matters to AUSTRAC.

If we are ever required to make such a report, the law prevents us from telling you about it. This applies to every law firm in Australia, not just ours.

In rare cases, if we are unable to complete the required checks, we may not be able to provide a particular service. We will always try to work through any issue with you first.

Your privacy

We take the security of your information seriously. Anything you provide is held securely, used only for the purposes the law requires, and handled in line with the Privacy Act. AML/CTF records must be kept for at least seven years.

What you can do now

For most clients, there is nothing to do until we ask. When verification is needed, we will guide you through it step by step.

If you would like to understand how these changes affect a current or upcoming matter, please get in touch. We are happy to explain what is involved and to make the process as smooth as possible.

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