Tania Wolff will soon assume Juliana Warner’s role at organisation’s helm
In her final column as president of the Law Council of Australia, Juliana Warner clarified that she would continue working with the council, including as chair of its Anti-Money Laundering and Counter Terrorism Financing (AML/CTF) Working Group.
In this role, she intends to maintain her advocacy on behalf of Australia’s legal profession over the following 12 months as the effectivity of the second-tranche obligations approaches. In her message, she acknowledged the highs and lows of the AML/CTF regime in 2025.
In particular, Warner highlighted good news at the close of this year. She shared that the council has been closely collaborating with the government to help ensure that the regime works without needlessly imposing burden, strain, and expenses upon the legal profession.
She emphasised that the council has always believed that some segments of the legal profession and legal services present minimal or nonexistent money laundering risks, considering the nature of the work involved.
Warner noted that the Australian Transaction Reports and Analysis Centre (AUSTRAC) has released guidance regarding the scope of the Anti-Money Laundering and Counter-Terrorism Financing Amendment Act 2024.
She stressed that the guidance appears to suggest that a significant portion of the council’s advocacy on behalf of the legal profession has proven successful.
“The views outlined in the AUSTRAC guidance regarding the definition of key terms in the professional services, including ‘assisting’, and the impact of the ‘court order’ exclusion, appear to have the practical effect of excluding from the scope of the application of the AML/CTF Act a number of routine legal services and practice areas that we argued should not be covered,” Warner said.
She urged legal practitioners to consider how the amendments and the guidance might apply to their particular practice areas and circumstances. She explained that the regime generally should not cover routine matters in multiple legal services and practice areas, including:
Warner noted that a change management exercise will help the legal profession get ready for upcoming changes and regulatory requirements.
“I am pleased that AUSTRAC appreciates that it has to help practitioners on the ground as much as possible to implement the changes and is producing Starter Kits for the profession in consultation with us,” she said. “As soon as they are bedded down the huge education and implementation process will begin in earnest.”
Warner shared that the council’s constituent bodies and working groups are preparing for that process. She accepted that much work remained. She added that the council will keep pursuing clarity and exemptions – for legal aid commissions and community legal centres, for instance – from the scope of the amended legislation.
“I have loved the time I have spent as President of the Law Council and appreciate all the amazing opportunities and experiences it has presented me with,” Warner said in her column on the council’s website. “I can honestly say that being able to represent the profession at the national level in this role has been a pinnacle of my career.”
She noted that she would soon pass the baton to Tania Wolff upon wrapping up her presidential term. She described Wolff as “a tireless champion of the profession, the rule of law, and the administration of justice.”
Warner expressed gratitude to those who supported the council’s efforts this year.
“I wish you and your families a very safe and happy holiday period!” she said.
