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Sectors · Legal professionals

AML/CTF for lawyers and law firms: which legal work is caught

A law practice can be a reporting entity when it provides a Table 6 designated service. This guide sorts common legal work into caught and not caught, with the relevant Act provisions.

Quick answer

It is the work, not the profession

Being a lawyer is not the test. The question is whether the practice provides one of the nine professional designated services in Table 6. Property transactions, client money and company and trust work are common examples. Litigation or advice that does not itself fall within a designated service may be outside scope.

Whether your business is a reporting entity depends on the designated services you provide — not on having an ABN or being based in Australia. Check AUSTRAC’s sector guidance, and seek professional advice for your situation.

Your practice, sorted

Which legal work is caught

The “Where” column shows whether each row is a designated service, an exclusion in the Act or an example from AUSTRAC’s guidance. Caught rows link to the article that covers them in full.

Which legal work is caught
AreaThe workCaught?Where
PropertyActing for the buyer or seller in a sale or purchase of real estateCaughtItem 1
Family lawConveyancing to give effect to a binding financial agreement between separating partiesCaughtItem 1
Family lawA property transfer made under a court or tribunal orderNot caughtItem 1, para (b)
Commercial and M&ANegotiating, drafting or doing due diligence on the sale of a company or businessCaughtItem 2
TaxTax advice on selling a company, before there is a transaction or an identified buyerNot caughtAUSTRAC guidance, item 2
Trust accountHolding sale proceeds, purchase funds or escrow money for a client in a transactionCaughtItem 3
Trust accountReceiving your own feesNot caughts 6(5C)(a)
Trust accountReceiving a judgment sum into trust and paying it on to the clientNot caughts 6(5C)(c)
Banking and financeLoan or subscription documents for a company raising debt or equityCaughtItem 4
CorporateSelling or transferring a shelf companyCaughtItem 5
StructuringRegistering a company with ASIC, or drafting and executing a trust deed, on instructionsCaughtItem 6
Wills and estatesDrafting a will that establishes a testamentary trustNot caughtItem 6 — “express trust” excludes testamentary trusts
AdvisoryActing as, or providing, a director, secretary, trustee or attorney for a clientCaughtItem 7
AdvisoryA fiduciary role you hold because a court or tribunal appointed youNot caughts 6(5E)
CorporateHolding shares as nominee for a clientCaughtItem 8
CorporateLetting a client company use your office as its registered addressCaughtItem 9
AnyAdvising on the legal effect of terms in a contract — influencing a transaction without advancing itNot caughtAUSTRAC guidance, item 1
The BarA barrister’s work on a solicitor’s instructions, given in connection with a designated serviceNot caughts 6(6B)
All nine items, in full, are on the Table 6 reference page.
The legislation

The three items most practices meet, in the Act’s own words

The Act — s 6(5B) table 6, item 1

“assisting a person in the planning or execution of a transaction, or otherwise acting for or on behalf of a person in a transaction, to sell, buy or otherwise transfer real estate, where: (a) the service is provided in the course of carrying on a business; and (b) the sale, purchase or other transfer is not pursuant to, or resulting from, an order of a court or tribunal”

Customer: the person. Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth), s 6(5B) — table 6.

The Act — s 6(5B) table 6, item 3

“receiving, holding and controlling (including disbursing) or managing a person’s: (a) money; or (b) accounts; or (c) securities and securities accounts; or (d) virtual assets; or (e) other property; as part of assisting the person in the planning or execution of a transaction, or otherwise acting for or on behalf of a person in a transaction, in the course of carrying on a business (other than in a circumstance covered by subsection (5C))”

Customer: the person. Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth), s 6(5B) — table 6.

The Act — s 6(5B) table 6, item 6

“assisting a person to plan or execute, or otherwise acting on behalf of a person in, the creation or restructuring of: (a) a body corporate (other than a corporation under the Corporations (Aboriginal and Torres Strait Islander) Act 2006); or (b) a legal arrangement; in the course of carrying on a business”

Customer: the person and: (a) if the body corporate is a company and the service is creating the company—the beneficial owners and directors of the company; or (b) if the legal arrangement is an express trust and the service is creating the express trust—the trustee, settlor and beneficiaries of the trust. Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth), s 6(5B) — table 6.

Item 3 has six carve-outs in section 6(5C) — your own fees among them — which is why a trust account alone does not settle the question. They are set out on the client money article.
Privilege and the Bar

Two provisions written for the legal profession

Legal professional privilege survives

Section 242 is one sentence long: “This Act does not affect the law relating to legal professional privilege.” The machinery for claiming it, including the Minister’s power to make guidelines under section 242A, came in with Schedule 4 of the Amendment Act. Privilege is preserved inside the regime; it is not a reason to stay outside it.

Briefed barristers are out — the instructing firm is not

Section 6(6B): a service is not a designated service “if the service is provided by a person in the course of legal practice as a barrister on the instructions of a solicitor, if the instructions are given in connection with the provision of a designated service”. The obligations stay with the solicitor’s practice that gave the brief.
See it in Lex-AML

Watch the full user journey

Lex-Brisbane Legal, a fictional Brisbane firm, holds client money for Tom Harris, who is buying a café business. Anita Sharma, the firm’s AML/CTF compliance officer, runs the matter in the Lex-AML Organisation Workspace; Tom only uses the Customer Portal.

Or watch it in six short parts

  1. IntroWhen holding and controlling client money becomes a designated service2:07
  2. Part 1The firm’s AML/CTF program1:25
  3. Part 2Tom’s matter: the service and the customer1:19
  4. Part 3Customer onboarding in the portal2:53
  5. Part 4Identity, PEP, sanctions, risk and the decision2:29
  6. Part 5One completed, reviewable record1:16
The whole series on YouTube

One example of how a matter in a law firm can run in Lex-AML, which is configured around each organisation’s own AML/CTF program. The business and its customers are fictional, the identity and screening checks use demo providers, and no real customer information is shown. The organisation makes every customer due diligence decision. Not legal advice.

What follows

What a law practice has to do

In the order the Act sets them, once the business provides a designated service.

See how the AML/CTF program fits together →

If this is work you do

Which of these services does your firm provide?

Lex-AML starts by recording the designated services your firm actually provides, then helps you organise your AML/CTF program, customer due diligence and audit trail around them.

Watch

Lawyers: trust money, transactions and privilege

How Table 6 reaches specified legal transaction, client-money and entity services.

Read the transcript, with the law quoted
Questions

AML/CTF for law firms: common questions

Are law firms reporting entities under the AML/CTF Act?
Not because they are law firms. From 1 July 2026, a practice is a reporting entity if it provides at least one of the nine professional services in Table 6 of section 6(5B) of the AML/CTF Act in the course of carrying on a business. Conveyancing, handling client money in a transaction, setting up companies or trusts and acting on business sales are the common ones. A practice that only does work outside Table 6 is not a reporting entity.
Does a small practice or a sole practitioner have to comply?
There is no size threshold in Table 6. What decides it is the service, not the headcount: a sole practitioner who acts on property sales provides item 1 just as a large firm does. Size matters to how the AML/CTF program is built, which must suit the nature, size and complexity of the business.
Does having a trust account make my firm a reporting entity?
Not by itself. Item 3 catches receiving, holding or managing a client’s money or property in a transaction, but section 6(5C) carves out six circumstances — including receiving your own fees, and money payable under a court or tribunal order. Holding sale proceeds or purchase funds for a client is caught.
Does legal professional privilege still apply?
Yes. Section 242 of the Act is one sentence: “This Act does not affect the law relating to legal professional privilege.” Privilege survives the regime; it does not take a practice outside it.
Do barristers have to comply?
Generally not for briefed work. Section 6(6B) says a service is not a designated service if it is provided by a barrister on the instructions of a solicitor, where the instructions are given in connection with a designated service. The obligations sit with the instructing firm.
What does a law firm have to do first?
Before first providing a designated service, have the required ML/TF risk assessment and AML/CTF policies in place and complete initial customer due diligence unless a lawful exception applies. If the business is not already enrolled, it must apply to enrol with AUSTRAC within 28 days after it starts providing the service, and designate an AML/CTF compliance officer within the same period if it has not already. Ongoing customer due diligence, suspicious matter reporting and record keeping continue after that.
Does Lex-AML provide legal advice?
No. Lex-AML supports AML/CTF compliance workflows and record keeping. It does not provide legal advice, does not guarantee compliance and does not replace professional judgement.

Sources

Where every figure here comes from

Data as at 13 October 2026.

  1. Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) — s 6(5B) table 6, s 6(5C), s 6(5E), s 6(6B), s 242 · Federal Register of Legislation
  2. AML/CTF Amendment Act 2024 (Cth) — No. 110, 2024 · Federal Register of Legislation
  3. Professional designated services · AUSTRAC
  4. Legal professionals · AUSTRAC

Lex-AML supports compliance workflows and record keeping. It does not provide legal advice, does not guarantee compliance, and does not replace professional judgement or advice from a qualified AML/CTF adviser or legal professional.