High Court overturns decision for casuals to claim paid leave entitlements
Syvannah Harper
The High Court of Australia has overturned the Federal Court decision in WorkPac v Rossato [2020] FCAFC 84 in a unanimous decision putting an end to the idea that some casual workers may be entitled to leave entitlements, such as annual leave, sick leave, and holiday pay.
Employer groups have claimed this decision will stop potential backpay claim against employers totalling $40 billion.
Previous decisions
In 2018, the Full Court of the Federal Court[1] found that, in the absence of a definition of casual employment under the Fair Work Act 2009 (Cth) (FWA), the courts would look at the true nature of the employment relationship. This is regardless of whether an employer calls the arrangement “casual”.
In fact, the court made the finding that a casual employee was actually a permanent employee (and entitled to accrue leave and other benefits), the written terms of the enterprise agreement and employment contact expressly stating the employment was casual.
In making this decision, the Court looked at the employee’s pattern of work and determined that his work was regular, systematic and predictable, and that meant it had the characteristics of permanent employment, not casual employment.
The recent High Court decision
In this recent decision, Mr Rossato (the applicant) worked for WorkPac as a production coal mine employee for a period of four years on six separate consecutive casual contracts between 2014 and 2018 (collectively, Employment Contracts).
Throughout his employment with WorkPac, Mr Rossato was treated as a casual employee and was paid pursuant to the Workpac Pty Ltd Mining (Coal) Industry Enterprise Agreement 2012 (EBA) as a casual employee. Under the EBA a casual employee was entitled to be paid a higher rate of pay, however, was not entitled to accrue statutory leave entitlements such as annual leave, sick leave, and holiday pay.
After ceasing employment with Workpac in 2018, Mr Rossato claimed that he was a permanent employee on the basis that his employment was ongoing, regular and systematic pursuant to the Federal Court case law. Accordingly, Mr Rossato claimed he was entitled to be paid his outstanding leave entitlements under the FWA and the EBA.
The High Court found that a casual employee is an employee who has no “firm advance commitment of work from an employer as to the duration of the employee’s employment or the day (or hours) the employee will work”. However, it stated that “a mere expectation of continuing employment on a regular and systematic basis is not sufficient” to render the employment permanent in nature.
The High Court found that Mr Rossato’s employment was truly casual, having regard to the following facts:
Mr Rossato was engaged on an “assignment-by assignment basis”;
he was entitled to accept or reject any offer of employment;
WorkPac was not under any obligation to offer any further assignments and there was no commitment to ongoing employment beyond the completion of each assignment, and
the casual assignments could be varied or terminated with minimal notice.
The Hight Court also held that where an employment agreement expressly states the nature of the employment relationship, and the parties adhere to the terms, there must be a firm advance commitment of work found within the terms of the agreement for the employee to be considered otherwise. In this matter, the employment contracts provided for variations of Mr Rossato’s daily working hours and assignment length, supporting the casual nature of the employment.
What does this mean for employers?
The High Court’s decision in Workpac v Rossato provides clarity for employers who engage casual employees under a contract of employment.
In addition to the High Court’s decision in Rossato, there have been legislative changes to the FWA whereby a definition of casual employment has been added (Amending Legislation).
The Rossato decision and the Amending Legislation provides greater certainty to employers on the nature of the employment relationship where a casual contract of employment does not give rise to “a firm commitment to ongoing employment”.
Employers should get in contact with CJM Lawyers now to have their casual contracts of employment reviewed to ensure that terms for casual employees support the nature of the work being performed.
[1] WorkPac Pty Ltd v Skene [2018] FCAFC 131
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Our Latest Story
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10 August 2026
The process of selling a horse can be chaotic and emotional, and often people do not realise the legal implications that come along with a sale which can last into the future. There are several factors which should be taken into consideration early on to ensure the process runs smoothly, and you are not caught by surprise down the track. Representations Representations are statements made to describe the horse. This could be its temperament, behavioural history, riding suitability or soundness. In most sales, representations are initially made in the horse’s advertisement post but also continue through text messages or calls with potential buyers, and statements made in person. Each of these representations have the capacity to be used against you in the future, if the matter results in a dispute. It is common practice for sellers to describe the horse in a positive way to entice buyers to interact with the sale ad, however it is important to ensure statements made can be supported by evidence, and to understand the meaning behind the words used to describe the horse. A blanket statement such as, “a pleasure to ride” is a representation that the horse is easy and enjoyable to ride, which has no specificity and makes no allowance for any ‘quirks’ the horse may have. A horse that is a pleasure to ride in the arena, but spooky or excitable when ridden off property, should be described as such in an open and easy to understand manner. Australian Consumer Law Some horse sales may be subject to Australian Consumer Law, particularly where the seller is selling horses as part of a business or commercial activity, rather than as a one-off private sale. If Australian Consumer Law applies, the buyer may have certain protections, including around the horse’s quality, condition and whether any known issues were properly disclosed. There is also a requirement that the horse is fit for any disclosed purpose. If a buyer were to advise you that they were looking for a horse for their young, beginner child to take show jumping, and you proceed with the sale, you have an obligation to ensure the horse is suitable for that purpose. As each situation is different, it is important to seek advice about how these obligations may apply to your circumstances. To minimise risk and to prioritise a successful sale, you should make your own enquiries as to the suitability of your horse for a potential buyer. By asking them about their experience and intended use for the horse, particularly in writing, you will minimise the risk of inadvertently selling them an unsuitable horse, and you will be able to evidence your efforts to create a successful partnership. Contract of Sale A properly drafted contract is one of the best ways to minimise risk when selling a horse. By having one, you can ensure that representations made by you are clearly documented, and that the buyer signs to agree to those representations. You cannot contract out of your legal obligations to describe the horse accurately and correctly, but your contract can ensure there is clear record of what was agreed between the parties. Your sale contract can also define key terms such as when the purchase price becomes payable, the timing that risk passes from the seller to the buyer, and what will occur if the horse is unsuitable, and the buyer wishes to return it. In many cases, the sale process is not instantaneous, and your contract of sale will provide you protection throughout the time from signing to the horse being collected, and into the future. Managing buyer enquiries, negotiations and paperwork can feel overwhelming, especially when selling your horse is already an emotional decision. Getting advice early can help you identify risks before they become problems, clearly record what has been agreed, and move through the process with greater confidence and peace of mind. If you are preparing to sell a horse and want to feel confident before finalising the arrangement, contact CJM Lawyers to discuss how we can help. Disclaimer: This article provides general information only and does not constitute legal advice. The information may not apply to your circumstances and should not be relied on as a substitute for tailored legal advice. If you need advice, please contact CJM Lawyers to speak with one of our legal professionals.
By August 2026 Edition
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The information may not apply to your circumstances and should not be relied on as a substitute for tailored legal advice. If you need advice, please contact CJM Lawyers to speak with one of our legal professionals.
By July 2026 Edition
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You’ve decided to buy a business. Sell a property. Or finally restructure the family group the way your accountant has been suggesting for years. You’ve done the hard part. You’ve made the decision and you’re sitting in your solicitor’s office ready to get moving. Instead, you’re asked for your driver’s licence. Then your passport. Then a few questions about who actually owns the company doing the buying, where the deposit money is coming from, and whether anyone else stands to benefit from the deal. If part of you starts wondering whether you’ve done something wrong, you haven’t. What’s changed isn’t you. It’s the law. The short version From 1 July 2026, law firms providing certain legal services became part of Australia’s anti-money laundering regime, the same set of rules banks have operated under for years. Accountants, conveyancers and real estate professionals were brought in at the same time. 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For most clients it’s a five-minute exercise at the start of a matter. Have your identification ready and it barely registers. “But it’s my company. Why do you need to know who owns it?” This is the part that catches people off guard. When you deal through a company or trust, the law requires us to look beyond the entity and identify the real people behind it, the people who ultimately own or control it. It’s called beneficial ownership. If your structure is straightforward, this is usually quick. If it’s a company owned by a trust, controlled by another entity, with a corporate trustee sitting over the top, it can take a little longer to map out. That’s exactly the type of structure the rules are designed to understand. None of this means anything is wrong. It simply means we need to be able to clearly identify who is involved. Where did the money come from? You may also be asked about the source of funds being used in a transaction, and sometimes about the source of your wealth more broadly. For most people the explanation is entirely ordinary: proceeds from another property sale, a business sale, an inheritance, years of savings, or a loan from the bank. Usually it’s a short conversation. Occasionally we may ask for documents to support the explanation. In larger transactions, or where funds have moved through multiple accounts or entities, we may need a little more information to satisfy our legal obligations. Either way, it’s always better to have the conversation early than to have questions arise shortly before settlement. Why it might take a little longer to get started The practical reality is that more work now happens at the very beginning of a matter, before we can properly commence certain services or receive money into trust. It can feel like an extra step between you and getting on with things. 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Our Latest Story
By August 2026 Edition
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The process of selling a horse can be chaotic and emotional, and often people do not realise the legal implications that come along with a sale which can last into the future. There are several factors which should be taken into consideration early on to ensure the process runs smoothly, and you are not caught by surprise down the track. Representations Representations are statements made to describe the horse. This could be its temperament, behavioural history, riding suitability or soundness. In most sales, representations are initially made in the horse’s advertisement post but also continue through text messages or calls with potential buyers, and statements made in person. Each of these representations have the capacity to be used against you in the future, if the matter results in a dispute. It is common practice for sellers to describe the horse in a positive way to entice buyers to interact with the sale ad, however it is important to ensure statements made can be supported by evidence, and to understand the meaning behind the words used to describe the horse. A blanket statement such as, “a pleasure to ride” is a representation that the horse is easy and enjoyable to ride, which has no specificity and makes no allowance for any ‘quirks’ the horse may have. A horse that is a pleasure to ride in the arena, but spooky or excitable when ridden off property, should be described as such in an open and easy to understand manner. Australian Consumer Law Some horse sales may be subject to Australian Consumer Law, particularly where the seller is selling horses as part of a business or commercial activity, rather than as a one-off private sale. If Australian Consumer Law applies, the buyer may have certain protections, including around the horse’s quality, condition and whether any known issues were properly disclosed. There is also a requirement that the horse is fit for any disclosed purpose. If a buyer were to advise you that they were looking for a horse for their young, beginner child to take show jumping, and you proceed with the sale, you have an obligation to ensure the horse is suitable for that purpose. As each situation is different, it is important to seek advice about how these obligations may apply to your circumstances. To minimise risk and to prioritise a successful sale, you should make your own enquiries as to the suitability of your horse for a potential buyer. By asking them about their experience and intended use for the horse, particularly in writing, you will minimise the risk of inadvertently selling them an unsuitable horse, and you will be able to evidence your efforts to create a successful partnership. Contract of Sale A properly drafted contract is one of the best ways to minimise risk when selling a horse. By having one, you can ensure that representations made by you are clearly documented, and that the buyer signs to agree to those representations. You cannot contract out of your legal obligations to describe the horse accurately and correctly, but your contract can ensure there is clear record of what was agreed between the parties. Your sale contract can also define key terms such as when the purchase price becomes payable, the timing that risk passes from the seller to the buyer, and what will occur if the horse is unsuitable, and the buyer wishes to return it. In many cases, the sale process is not instantaneous, and your contract of sale will provide you protection throughout the time from signing to the horse being collected, and into the future. Managing buyer enquiries, negotiations and paperwork can feel overwhelming, especially when selling your horse is already an emotional decision. Getting advice early can help you identify risks before they become problems, clearly record what has been agreed, and move through the process with greater confidence and peace of mind. If you are preparing to sell a horse and want to feel confident before finalising the arrangement, contact CJM Lawyers to discuss how we can help. Disclaimer: This article provides general information only and does not constitute legal advice. The information may not apply to your circumstances and should not be relied on as a substitute for tailored legal advice. If you need advice, please contact CJM Lawyers to speak with one of our legal professionals.
By August 2026 Edition
•
30 July 2026
Buying or selling property is a major decision at any time, but in a changing market, the legal details can become even more important. When prices shift, finance conditions tighten, buyer confidence changes or properties take longer to sell, both buyers and sellers may feel pressure to make quick decisions. That pressure can lead to important legal issues being overlooked. A buyer may be tempted to sign a contract before finance is formally approved or before building and pest inspection concerns are resolved or before understanding the effect of special conditions. A seller may accept unusual conditions, a delayed settlement or a request for a price reduction without fully understanding the legal and practical consequences. First home buyers may feel this pressure more strongly. Higher borrowing costs, changing government incentives, transfer duty concessions and broader cost-of-living pressures can make it harder to enter the market, and may lead some buyers to move quickly once they find a suitable property. Even in a competitive market, it is important to understand the contract terms, finance condition, building and pest conditions, any applicable cooling-off periods, special conditions and key dates before signing. This is why legal advice should be considered early in the transaction, not simply at the end before settlement. The contract, disclosure material, special conditions and key dates can all affect your rights, obligations and overall risk. For buyers, the main issue is making sure the contract gives you the protection you need before you commit. Depending on the relevant State or Territory and the terms of the contract, this may include finance approval, building and pest inspections, settlement timing, inclusions and exclusions, special conditions and any disclosure documents that raise concerns. Depending on the State or Territory, buyers may also need to consider any applicable cooling-off rights, whether those rights apply, termination costs or penalties, title issues, easements, covenants, encumbrances, strata, body corporate or owner’s corporation information, transfer duty and available concessions. If these matters are not checked before signing, your options may become limited and important deadlines may be missed. For sellers, the key issue is preparation. In a cautious or competitive market, missing documents, unresolved title issues, strata, body corporate or owner’s corporation matters, easements, unapproved structures, tenancy issues, pool safety requirements or incorrect information can create delay, renegotiation or disputes. Having the contract and disclosure material prepared before listing can help reduce these risks. State-based requirements also need to be considered. Property rules differ across Australia, including cooling-off periods, disclosure obligations, contract requirements and settlement processes. This is particularly relevant for clients buying or selling across the border, or investors purchasing outside their usual location. Recent legal changes have added another layer of risk. In Queensland, the seller disclosure scheme that commenced on 1 August 2025 generally requires sellers to give buyers prescribed disclosure material before a contract is signed, subject to exceptions. Non-compliance may give rise to buyer termination rights before settlement in some circumstances. In New South Wales, prescribed contract notices and warning statements, including cooling-off notices, should be checked to ensure the current form is used. These changes highlight why relying on outdated contracts, templates or assumptions can create unnecessary risk. Requirements in other States and Territories may also differ, so contracts and disclosure documents should be checked for the relevant jurisdiction. Legal advice can also help during negotiation. In a changing market, buyers may seek more time, more protection or a lower price after inspections. Sellers may need to decide whether to accept those requests or negotiate different terms. A lawyer can help you understand what is reasonable, what may create delay or uncertainty and what should be addressed before the contract becomes binding. At CJM Lawyers, our property team can help you identify and manage these issues from the beginning. We can review or prepare contracts, advise on disclosure obligations, explain special conditions, assist with conveyancing and assist with property transactions across Australia, including jurisdiction-specific advice and settlement coordination where required. Our role is to help you understand what you are agreeing to, identify potential problems early and make informed decisions with confidence. Whether you are buying, selling or negotiating contract terms, early legal advice can help reduce the risk of delay, dispute or costly mistakes. If you are planning to buy or sell property in 2026, contact CJM Lawyers to discuss how our property team can assist with your transaction. Disclaimer: This article provides general information only and does not constitute legal advice. The information may not apply to your circumstances and should not be relied on as a substitute for tailored legal advice. If you need advice, please contact CJM Lawyers to speak with one of our legal professionals.
By July 2026 Edition
•
13 July 2026
You’ve decided to buy a business. Sell a property. Or finally restructure the family group the way your accountant has been suggesting for years. You’ve done the hard part. You’ve made the decision and you’re sitting in your solicitor’s office ready to get moving. Instead, you’re asked for your driver’s licence. Then your passport. Then a few questions about who actually owns the company doing the buying, where the deposit money is coming from, and whether anyone else stands to benefit from the deal. If part of you starts wondering whether you’ve done something wrong, you haven’t. What’s changed isn’t you. It’s the law. The short version From 1 July 2026, law firms providing certain legal services became part of Australia’s anti-money laundering regime, the same set of rules banks have operated under for years. Accountants, conveyancers and real estate professionals were brought in at the same time. You might hear it called "Tranche 2", and it’s the biggest expansion of these laws in a generation. In plain terms, your lawyer is now legally required to understand who they’re acting for, who’s really behind a transaction, and where the money involved is coming from. Not because anyone suspects you of anything. Because the law now requires it. The reasoning is fairly simple. Criminals have long used professional services such as lawyers, accountants and agents to move illicit funds through otherwise legitimate-looking transactions. The reforms are designed to make that much harder. So why all the identification? The starting point is knowing who you are. That means sighting identity documents for the people involved in a matter, and for the businesses involved too. It’s the same principle as opening a bank account, just applied to buying a business, transferring property, or establishing and operating through a company or trust. For most clients it’s a five-minute exercise at the start of a matter. Have your identification ready and it barely registers. “But it’s my company. Why do you need to know who owns it?” This is the part that catches people off guard. When you deal through a company or trust, the law requires us to look beyond the entity and identify the real people behind it, the people who ultimately own or control it. It’s called beneficial ownership. If your structure is straightforward, this is usually quick. If it’s a company owned by a trust, controlled by another entity, with a corporate trustee sitting over the top, it can take a little longer to map out. That’s exactly the type of structure the rules are designed to understand. None of this means anything is wrong. It simply means we need to be able to clearly identify who is involved. Where did the money come from? You may also be asked about the source of funds being used in a transaction, and sometimes about the source of your wealth more broadly. For most people the explanation is entirely ordinary: proceeds from another property sale, a business sale, an inheritance, years of savings, or a loan from the bank. Usually it’s a short conversation. Occasionally we may ask for documents to support the explanation. In larger transactions, or where funds have moved through multiple accounts or entities, we may need a little more information to satisfy our legal obligations. Either way, it’s always better to have the conversation early than to have questions arise shortly before settlement. Why it might take a little longer to get started The practical reality is that more work now happens at the very beginning of a matter, before we can properly commence certain services or receive money into trust. It can feel like an extra step between you and getting on with things. The good news is that it’s largely front-loaded. Once it’s completed, the rest of the matter generally progresses the way it always has. How to make it painless Bring current identification for everyone involved. If you’re using a company or trust, make sure you understand the structure or bring the relevant documents with you. If there’s anything unusual about where funds are coming from, mention it early. Speak to us sooner rather than later. The earlier we commence, the easier it is to deal with any compliance requirements in the background. The bottom line We would much rather explain these requirements at the beginning than have you frustrated on settlement day. In reality, a firm that asks these questions properly is a firm doing its job. These processes don’t just protect the financial system. They also help protect clients, businesses and transactions from unnecessary risk. If you’re planning to buy, sell or restructure this financial year, the best thing you can do is speak with us before the transaction gathers momentum. We’ll get the groundwork sorted while things are still quiet, so compliance doesn’t become the reason your transaction stalls. Thinking about a purchase, sale or restructure this year? Have a chat with our commercial team early and we’ll make sure the paperwork is ready to go when you are. Contact CJM Lawyers on 1300 245 299 or commercial@cjmlaw.com.au . Disclaimer: This article provides general information only and does not constitute legal advice. The information may not apply to your circumstances and should not be relied on as a substitute for tailored legal advice. If you need advice, please contact CJM Lawyers to speak with one of our legal professionals.
Our Latest Story
By August 2026 Edition
•
10 August 2026
The process of selling a horse can be chaotic and emotional, and often people do not realise the legal implications that come along with a sale which can last into the future. There are several factors which should be taken into consideration early on to ensure the process runs smoothly, and you are not caught by surprise down the track. Representations Representations are statements made to describe the horse. This could be its temperament, behavioural history, riding suitability or soundness. In most sales, representations are initially made in the horse’s advertisement post but also continue through text messages or calls with potential buyers, and statements made in person. Each of these representations have the capacity to be used against you in the future, if the matter results in a dispute. It is common practice for sellers to describe the horse in a positive way to entice buyers to interact with the sale ad, however it is important to ensure statements made can be supported by evidence, and to understand the meaning behind the words used to describe the horse. A blanket statement such as, “a pleasure to ride” is a representation that the horse is easy and enjoyable to ride, which has no specificity and makes no allowance for any ‘quirks’ the horse may have. A horse that is a pleasure to ride in the arena, but spooky or excitable when ridden off property, should be described as such in an open and easy to understand manner. Australian Consumer Law Some horse sales may be subject to Australian Consumer Law, particularly where the seller is selling horses as part of a business or commercial activity, rather than as a one-off private sale. If Australian Consumer Law applies, the buyer may have certain protections, including around the horse’s quality, condition and whether any known issues were properly disclosed. There is also a requirement that the horse is fit for any disclosed purpose. If a buyer were to advise you that they were looking for a horse for their young, beginner child to take show jumping, and you proceed with the sale, you have an obligation to ensure the horse is suitable for that purpose. As each situation is different, it is important to seek advice about how these obligations may apply to your circumstances. To minimise risk and to prioritise a successful sale, you should make your own enquiries as to the suitability of your horse for a potential buyer. By asking them about their experience and intended use for the horse, particularly in writing, you will minimise the risk of inadvertently selling them an unsuitable horse, and you will be able to evidence your efforts to create a successful partnership. Contract of Sale A properly drafted contract is one of the best ways to minimise risk when selling a horse. By having one, you can ensure that representations made by you are clearly documented, and that the buyer signs to agree to those representations. You cannot contract out of your legal obligations to describe the horse accurately and correctly, but your contract can ensure there is clear record of what was agreed between the parties. Your sale contract can also define key terms such as when the purchase price becomes payable, the timing that risk passes from the seller to the buyer, and what will occur if the horse is unsuitable, and the buyer wishes to return it. In many cases, the sale process is not instantaneous, and your contract of sale will provide you protection throughout the time from signing to the horse being collected, and into the future. Managing buyer enquiries, negotiations and paperwork can feel overwhelming, especially when selling your horse is already an emotional decision. Getting advice early can help you identify risks before they become problems, clearly record what has been agreed, and move through the process with greater confidence and peace of mind. If you are preparing to sell a horse and want to feel confident before finalising the arrangement, contact CJM Lawyers to discuss how we can help. Disclaimer: This article provides general information only and does not constitute legal advice. The information may not apply to your circumstances and should not be relied on as a substitute for tailored legal advice. If you need advice, please contact CJM Lawyers to speak with one of our legal professionals.
By August 2026 Edition
•
30 July 2026
Buying or selling property is a major decision at any time, but in a changing market, the legal details can become even more important. When prices shift, finance conditions tighten, buyer confidence changes or properties take longer to sell, both buyers and sellers may feel pressure to make quick decisions. That pressure can lead to important legal issues being overlooked. A buyer may be tempted to sign a contract before finance is formally approved or before building and pest inspection concerns are resolved or before understanding the effect of special conditions. A seller may accept unusual conditions, a delayed settlement or a request for a price reduction without fully understanding the legal and practical consequences. First home buyers may feel this pressure more strongly. Higher borrowing costs, changing government incentives, transfer duty concessions and broader cost-of-living pressures can make it harder to enter the market, and may lead some buyers to move quickly once they find a suitable property. Even in a competitive market, it is important to understand the contract terms, finance condition, building and pest conditions, any applicable cooling-off periods, special conditions and key dates before signing. This is why legal advice should be considered early in the transaction, not simply at the end before settlement. The contract, disclosure material, special conditions and key dates can all affect your rights, obligations and overall risk. For buyers, the main issue is making sure the contract gives you the protection you need before you commit. Depending on the relevant State or Territory and the terms of the contract, this may include finance approval, building and pest inspections, settlement timing, inclusions and exclusions, special conditions and any disclosure documents that raise concerns. Depending on the State or Territory, buyers may also need to consider any applicable cooling-off rights, whether those rights apply, termination costs or penalties, title issues, easements, covenants, encumbrances, strata, body corporate or owner’s corporation information, transfer duty and available concessions. If these matters are not checked before signing, your options may become limited and important deadlines may be missed. For sellers, the key issue is preparation. In a cautious or competitive market, missing documents, unresolved title issues, strata, body corporate or owner’s corporation matters, easements, unapproved structures, tenancy issues, pool safety requirements or incorrect information can create delay, renegotiation or disputes. Having the contract and disclosure material prepared before listing can help reduce these risks. State-based requirements also need to be considered. Property rules differ across Australia, including cooling-off periods, disclosure obligations, contract requirements and settlement processes. This is particularly relevant for clients buying or selling across the border, or investors purchasing outside their usual location. Recent legal changes have added another layer of risk. In Queensland, the seller disclosure scheme that commenced on 1 August 2025 generally requires sellers to give buyers prescribed disclosure material before a contract is signed, subject to exceptions. Non-compliance may give rise to buyer termination rights before settlement in some circumstances. In New South Wales, prescribed contract notices and warning statements, including cooling-off notices, should be checked to ensure the current form is used. These changes highlight why relying on outdated contracts, templates or assumptions can create unnecessary risk. Requirements in other States and Territories may also differ, so contracts and disclosure documents should be checked for the relevant jurisdiction. Legal advice can also help during negotiation. In a changing market, buyers may seek more time, more protection or a lower price after inspections. Sellers may need to decide whether to accept those requests or negotiate different terms. A lawyer can help you understand what is reasonable, what may create delay or uncertainty and what should be addressed before the contract becomes binding. At CJM Lawyers, our property team can help you identify and manage these issues from the beginning. We can review or prepare contracts, advise on disclosure obligations, explain special conditions, assist with conveyancing and assist with property transactions across Australia, including jurisdiction-specific advice and settlement coordination where required. Our role is to help you understand what you are agreeing to, identify potential problems early and make informed decisions with confidence. Whether you are buying, selling or negotiating contract terms, early legal advice can help reduce the risk of delay, dispute or costly mistakes. If you are planning to buy or sell property in 2026, contact CJM Lawyers to discuss how our property team can assist with your transaction. Disclaimer: This article provides general information only and does not constitute legal advice. The information may not apply to your circumstances and should not be relied on as a substitute for tailored legal advice. If you need advice, please contact CJM Lawyers to speak with one of our legal professionals.
By July 2026 Edition
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13 July 2026
You’ve decided to buy a business. Sell a property. Or finally restructure the family group the way your accountant has been suggesting for years. You’ve done the hard part. You’ve made the decision and you’re sitting in your solicitor’s office ready to get moving. Instead, you’re asked for your driver’s licence. Then your passport. Then a few questions about who actually owns the company doing the buying, where the deposit money is coming from, and whether anyone else stands to benefit from the deal. If part of you starts wondering whether you’ve done something wrong, you haven’t. What’s changed isn’t you. It’s the law. The short version From 1 July 2026, law firms providing certain legal services became part of Australia’s anti-money laundering regime, the same set of rules banks have operated under for years. Accountants, conveyancers and real estate professionals were brought in at the same time. You might hear it called "Tranche 2", and it’s the biggest expansion of these laws in a generation. In plain terms, your lawyer is now legally required to understand who they’re acting for, who’s really behind a transaction, and where the money involved is coming from. Not because anyone suspects you of anything. Because the law now requires it. The reasoning is fairly simple. Criminals have long used professional services such as lawyers, accountants and agents to move illicit funds through otherwise legitimate-looking transactions. The reforms are designed to make that much harder. So why all the identification? The starting point is knowing who you are. That means sighting identity documents for the people involved in a matter, and for the businesses involved too. It’s the same principle as opening a bank account, just applied to buying a business, transferring property, or establishing and operating through a company or trust. For most clients it’s a five-minute exercise at the start of a matter. Have your identification ready and it barely registers. “But it’s my company. Why do you need to know who owns it?” This is the part that catches people off guard. When you deal through a company or trust, the law requires us to look beyond the entity and identify the real people behind it, the people who ultimately own or control it. It’s called beneficial ownership. If your structure is straightforward, this is usually quick. If it’s a company owned by a trust, controlled by another entity, with a corporate trustee sitting over the top, it can take a little longer to map out. That’s exactly the type of structure the rules are designed to understand. None of this means anything is wrong. It simply means we need to be able to clearly identify who is involved. Where did the money come from? You may also be asked about the source of funds being used in a transaction, and sometimes about the source of your wealth more broadly. For most people the explanation is entirely ordinary: proceeds from another property sale, a business sale, an inheritance, years of savings, or a loan from the bank. Usually it’s a short conversation. Occasionally we may ask for documents to support the explanation. In larger transactions, or where funds have moved through multiple accounts or entities, we may need a little more information to satisfy our legal obligations. Either way, it’s always better to have the conversation early than to have questions arise shortly before settlement. Why it might take a little longer to get started The practical reality is that more work now happens at the very beginning of a matter, before we can properly commence certain services or receive money into trust. It can feel like an extra step between you and getting on with things. The good news is that it’s largely front-loaded. Once it’s completed, the rest of the matter generally progresses the way it always has. How to make it painless Bring current identification for everyone involved. If you’re using a company or trust, make sure you understand the structure or bring the relevant documents with you. If there’s anything unusual about where funds are coming from, mention it early. Speak to us sooner rather than later. The earlier we commence, the easier it is to deal with any compliance requirements in the background. The bottom line We would much rather explain these requirements at the beginning than have you frustrated on settlement day. In reality, a firm that asks these questions properly is a firm doing its job. These processes don’t just protect the financial system. They also help protect clients, businesses and transactions from unnecessary risk. If you’re planning to buy, sell or restructure this financial year, the best thing you can do is speak with us before the transaction gathers momentum. We’ll get the groundwork sorted while things are still quiet, so compliance doesn’t become the reason your transaction stalls. Thinking about a purchase, sale or restructure this year? Have a chat with our commercial team early and we’ll make sure the paperwork is ready to go when you are. Contact CJM Lawyers on 1300 245 299 or commercial@cjmlaw.com.au . Disclaimer: This article provides general information only and does not constitute legal advice. The information may not apply to your circumstances and should not be relied on as a substitute for tailored legal advice. If you need advice, please contact CJM Lawyers to speak with one of our legal professionals.
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