In this episode, Amy-Rose is joined by Paul Derham to unpack the legal and regulatory realities shaping Australia’s digital asset industry. The discussion explores how businesses navigate an increasingly complex legal framework, the role of regulation in enabling growth, and the practical decisions required to operate in uncertain environments.
Paul Derham is a leading Australian financial services lawyer and Managing Partner at Holley Nethercote and Chair at DECA. With over 25 years’ experience, he has worked alongside businesses, regulators and policymakers to interpret and apply financial services law across evolving technologies, including digital assets, payments and emerging financial models.
The conversation examines the expansion of the Corporations Act, the shift toward greater accountability through design and distribution obligations, and the growing importance of non-financial risk management as a foundation for long-term success. It also explores how regulation shapes market participation, the impact of licensing on investment and banking access, and why some businesses succeed despite ambiguity while others fail under the same conditions.
Looking ahead, the episode addresses the convergence of AI, digital assets and financial services, the rise of agentic systems within professional services, and the structural changes underway in the legal profession. It closes with a forward view on Australia’s regulatory trajectory, highlighting the role of upcoming reforms in driving legitimacy, investment and broader participation across the digital economy.
