Anti-Money Laundering and Counter-Terrorism Financing (AML/CTF) requirements
From 1 July 2026, new Anti-Money Laundering and Counter-Terrorism Financing (AML/CTF) laws apply to Australian lawyers.
If you are buying or selling property, setting up a company or trust, or asking me to help with certain other transactions, you may notice that I ask you a few more questions than I used to.
If your matter is covered by the new rules, I need to check who you are and, in some cases, who is behind the transaction.
I may ask for some extra identification or information before I can get started.
It is a legal requirement, not me being nosy.
The new laws are designed to stop lawyers and other professional services being used to help with money laundering or terrorism financing.
The short version is that the government now wants lawyers to do some of the checking that banks and other financial institutions have been doing for years.
So, yes, there is now more paperwork.
I'm not thrilled about it either.
The new rules mainly apply to certain types of transactional work.
For my clients, the most relevant examples are likely to be:
buying or selling residential or commercial property;
setting up or restructuring a company or trust; and
certain other transactions involving companies, trusts, businesses or client money.
Not every matter is caught by the new rules. If your matter is one that is, I'll let you know what I need from you.
This will depend on your particular matter.
It might be as simple as providing some identification, such as your driver's licence or passport.
If you are acting through a company, trust or other entity, I may also need information about the entity and the people who own or control it.
For some transactions, I may need to ask about things such as where the money being used in the transaction has come from.
I may also need to carry out electronic identity checks or searches of government and other databases.
None of this means that I think you've done anything wrong. It is simply part of the checks I am now required to carry out for certain matters.
You won't necessarily have to go through the whole process just because the new laws have started.
However, I may need to ask for updated information if you start a new matter covered by the rules, or if something significant changes, such as the ownership or control of a company or trust.
If I need something from you, I'll tell you what I need and why.
Hopefully not.
There is, however, an extra step involved for some matters, so please don't leave my identification request sitting in your inbox for three weeks before getting around to it. If I need the information before I can proceed, I won't be able to work around that requirement.
There may also be a small additional cost for identity verification or other required searches. This will be reflected in my costs disclosure.
You may notice some new questions and requests for information when you deal with me. Please don't take it personally. I have to comply with the new laws, just like every other Australian lawyer.
If you're wondering why your lawyer suddenly wants to know more about you than your mother does, the answer is most likely AML/CTF requirements.
If you have any questions about what I need or why I'm asking for it, just ask. I'm happy to explain.