AML/CTF-related amendments to uniform rules

The Legal Services Council has made the Legal Profession Uniform Legal Practice (Solicitors) Amendment Rules 2026 and Legal Profession Uniform Law Australian Solicitors’ Conduct Amendment Rules 2026. These Rules have now been published on the NSW Legislation website.

The Law Council of Australia developed these Uniform Rules to address potential conflicts between solicitors’ obligations under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (AML/CTF Act) including customer due diligence, suspicious matter reporting, and tipping off prohibitions, and solicitors' ethical duties and professional responsibilities including confidentiality, loyalty to clients, and acting in a client's best interests.

The Rules make the following amendments to the Legal Profession Uniform Law Australian Solicitors Conduct Rules 2015 (Conduct Rules) and the Legal Profession Uniform Legal Practice (Solicitors) Rules 2015 (Practice Rules):

• Amend Rule 8 (Client Instructions) of the Conduct Rules, to provide that a solicitor must only accept and follow a client’s lawful, proper and competent instructions, to align it with obligations for initial, ongoing, and enhanced customer due diligence at Part 2 of the AML/CTF Act.
• Insert a definition of “just cause” in Rule 13 (Completion or termination of engagement), to clarify the circumstances where a solicitor may terminate an engagement.
• Insert a new Rule into the Practice Rules stating that a retainer agreement should inform the client about the practitioner’s statutory obligations in relation to disclosure obligations and termination of retainers.

The commencement date for the Rules is 1 July 2026, to coincide with the date the tranche 2 AML/CTF Act reforms will come into effect.