1. About this Privacy Policy

Finance Law Pty Ltd and their related entities operate legal, lending, recovery, insolvency and advisory businesses throughout Australia and New Zealand.

We are committed to protecting personal information and complying with applicable privacy, anti-spam, anti-money laundering and professional conduct laws in the jurisdictions in which we operate, including Australia and New Zealand.

This includes compliance with:

• the Privacy Act 1988 (Cth) and Australian Privacy Principles;

• the Privacy Act 2020 (NZ);

• applicable anti-spam and electronic communications laws; and

• applicable anti-money laundering and counter-terrorism financing legislation.

This Privacy Policy explains how we collect, hold, use and disclose personal information.

2. Personal information we collect

We may collect personal information about clients, prospective clients, borrowers, guarantors, mortgagors, directors, shareholders, trustees, beneficiaries, debtors, counterparties, adverse parties, insolvency practitioners, receivers, liquidators, bankruptcy trustees, witnesses, employees, contractors, suppliers and other persons involved in matters in which we act.

The personal information we collect may include:

• name, address, email address, telephone number and other contact details;

• date of birth and identification information;

• employment, business and financial information;

• company, trust, partnership and ownership information;

• property, asset and security information;

• information relevant to legal proceedings, disputes, insolvency, enforcement, debt recovery, investigations and asset tracing;

• payment information;

• information required for conflict checks, due diligence, risk assessment, sanctions screening, politically exposed person screening and AML/CTF compliance;

• source of funds, source of wealth and beneficial ownership information;

• recruitment, employment, performance and contractor information; and

• supplier and service provider information.

We may collect sensitive information where reasonably necessary for our functions or activities, where required or permitted by law, or where it is relevant to legal services, legal proceedings, compliance obligations, AML/CTF obligations, sanctions screening or risk assessment.

3. How we collect personal information

We may collect personal information from:

• you directly;

• our clients;

• related entities and businesses;

• borrowers, guarantors, mortgagors and other parties to transactions;

• courts, tribunals and government agencies;

• ASIC, AFSA, PPSR, land registries and other public registers;

• credit reporting bodies, commercial information providers and identity verification providers, where permitted by law;

• sanctions screening and AML/CTF service providers;

• insolvency practitioners, receivers, liquidators and bankruptcy trustees;

• barristers, experts, investigators, agents and other professional advisers;

• publicly available sources, including websites, social media and public databases; and

• employees, contractors, referees and recruitment providers.

Where practicable, we collect personal information directly from you. In many legal matters, however, we may need to collect personal information about persons who are not our clients.

4. Why we collect, use and disclose personal information

We collect, hold, use and disclose personal information for purposes including:

providing legal services;

• carrying out client instructions;

• conducting conflict checks;

• opening, managing and closing files;

• advising on lending, security, enforcement, litigation, insolvency, debt recovery and commercial matters;

• undertaking investigations, asset tracing and due diligence;

• preparing and registering documents;

• dealing with courts, tribunals, regulators, government agencies and transaction parties;

• enforcing legal rights and security interests;

• complying with professional, legal, regulatory, trust accounting, AML/CTF and professional conduct obligations in Australia and New Zealand;

• verifying identity, beneficial ownership, source of funds and source of wealth;

• managing risk, fraud prevention and sanctions compliance;

• recruiting and managing staff, contractors and suppliers;

• improving our services, systems and business operations;

• sending legal updates, invitations and marketing communications where permitted by law; and

• otherwise operating and administering our business.

5. Disclosure of personal information

Subject to our confidentiality obligations, legal professional privilege and legal obligations, we may disclose personal information to:

• clients and other parties involved in a matter;

• courts, tribunals, regulators and government agencies;

• AUSTRAC, the New Zealand Department of Internal Affairs, law enforcement bodies and other authorities where required or permitted by law;

• barristers, experts, investigators, agents and professional advisers;

• lenders, borrowers, guarantors, mortgagors, settlement agents and transaction parties;

• insolvency practitioners, receivers, liquidators and bankruptcy trustees;

• insurers and brokers;

• identity verification, AML/CTF and sanctions screening providers;

• IT, cloud, software, document management, storage, archival, accounting, auditing and business service providers;

• marketing and communications service providers; and

• related entities and businesses where reasonably necessary for legal services, risk management, compliance or business administration.

We may disclose personal information to Australian and New Zealand courts, tribunals, regulators, government agencies and law enforcement authorities where required or permitted by law.

6. Lending, enforcement, insolvency and litigation matters

In matters involving lending, security, enforcement, insolvency, debt recovery, litigation, investigations or asset tracing, we may collect, use and disclose personal information concerning borrowers, guarantors, mortgagors, directors, shareholders, trustees, beneficiaries, debtors and other persons connected with the matter, whether or not they are our clients.

This may include information obtained from public registers, searches, court records, credit-related sources where permitted by law, clients, counterparties and third-party information providers.

We may undertake searches, investigations and enquiries concerning persons connected with a matter, including company, land, insolvency, litigation, securities and other public register searches.

Personal information may be collected about persons who are not our clients where reasonably necessary for the provision of legal services, the enforcement of legal rights, dispute resolution, investigations, insolvency administrations, lending transactions or compliance activities.

7. AML/CTF and sanctions compliance

Where we provide designated services under AML/CTF laws, we may be required to undertake customer due diligence and collect additional information.

This may include:

• verifying the identity of clients and key associated persons;

• identifying beneficial owners;

• understanding ownership and control structures;

• obtaining information about source of funds and source of wealth;

• conducting sanctions, politically exposed person and adverse media screening;

• understanding the purpose and nature of a transaction or matter; and

• keeping records required by law.

If we cannot obtain the information we require, we may be unable to act or continue acting.

Where applicable, we may also undertake customer due diligence and compliance activities under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (NZ).

8. Cross-Border Legal Services

We provide legal and related professional services across multiple jurisdictions, including Australia and New Zealand.

In providing those services, personal information may be collected, used, disclosed, stored or processed in either jurisdiction.

By engaging us or otherwise dealing with us, you acknowledge that your personal information may be transferred between Australia and New Zealand where reasonably necessary for the provision of legal services, compliance activities, risk management, administration or business operations.

9. Technology, AI and document systems

We may use document automation, technology-assisted review, artificial intelligence tools, cloud platforms and other technology systems to assist in providing legal services and operating our business.

We may use artificial intelligence tools for document review, document generation, legal research, workflow automation and administrative functions.

10. Overseas disclosure

We use technology and service providers that may store, process or access personal information outside Australia and New Zealand.

Those countries may include Australia, New Zealand, the United States, the United Kingdom, Singapore and other jurisdictions in which our service providers operate.

We take reasonable steps to ensure overseas recipients handle personal information appropriately.

11. Business Changes

If we sell, restructure, merge, transfer or otherwise reorganise any part of our business, personal information may be disclosed to advisers, financiers, purchasers, successors and related parties involved in the transaction, subject to appropriate confidentiality obligations.

12. Website, cookies and analytics

Our websites may use cookies, analytics tools, advertising technologies and other tracking technologies to improve website performance, understand visitor behaviour and improve user experience.

You can manage cookie preferences through your browser settings.

13. Marketing communications

We may send newsletters, invitations, legal updates and information about our services where permitted by the Privacy Act and the Spam Act.

You may unsubscribe at any time using the unsubscribe function in the communication or by contacting us.

14. Security

We take reasonable steps to protect personal information from misuse, interference, loss, unauthorised access, modification and disclosure.

These steps may include physical security, access controls, password protection, multi-factor authentication, encryption, secure cloud infrastructure, cybersecurity monitoring, staff training and document retention procedures.

15. Retention

We retain personal information for as long as reasonably necessary for legal, regulatory, professional, operational, insurance, risk management and business purposes.

When personal information is no longer required, we take reasonable steps to destroy or de-identify it.

16. Access and correction

You may request access to, or correction of, personal information we hold about you.

We may refuse access where permitted by law, including where:

(a) giving access would be unlawful;

(b) the information is subject to legal professional privilege;

(c) giving access would prejudice legal proceedings, enforcement action, negotiations or investigations;

(d) giving access would have an unreasonable impact on the privacy of others;

(e) giving access would reveal commercially sensitive decision-making information; or

(f) another legal basis for refusal applies.

We may charge reasonable costs for providing access where permitted by law.

17. Confidentiality and privilege

Nothing in this Privacy Policy limits legal professional privilege, litigation privilege, confidentiality obligations, duties owed to clients, professional obligations, statutory obligations or rights that apply to information held by us.

18. Changes to this Privacy Policy

We may update this Privacy Policy from time to time.

The current version will be published on our website.

19. Complaints and contact

Privacy complaints must be made in writing to our Privacy Officer.

Attention: Privacy Officer Finance Law Pty Ltd

Address: PO Box Q575, Queen Victoria Building, NSW 1230

Email: compliance@financelaw.com.au

Tel: +61 2 9056 9998

We will endeavour to investigate and respond within 30 days.

If you are dissatisfied with our response, you may contact the Office of the Australian Information Commissioner (OAIC):

Office of the Australian Information Commissioner

Address: GPO Box 5218, Sydney NSW 2001

Email: enquiries@oaic.gov.au 

Tel: 1300 363 992

Website: www.oaic.gov.au