Funds Management Disputes

Working hand-in-hand with our Funds Management team, we are uniquely placed to provide strategic advice to help resolve the range of disputes, compliance issues and provide regulatory guidance that often arise in the funds management industry, including:

  • contested meetings
  • ASIC investigations and hearings
  • advice about disclosure
  • misleading and deceptive conduct
  • responsible entity duties.

Examples of our work

ABC Learning Centres – representing a property fund which was a major landlord of ABC Learning Centres, and successfully intervening in the Federal Court insolvency proceedings.

Misleading and deceptive conduct claim – successfully defending claims of misleading and deceptive conduct in an explanatory memorandum sent to investors during a hostile managed investment scheme takeover.

AFS licence dispute – obtaining orders from the Administrative Appeals Tribunal overturning ASIC's decision to cancel a large fund manager's AFS licence.

Property fund dispute – preventing a developer from avoiding its obligations to buy back land from a property fund client in relation to a failed supermarket development.

Agribusiness managed investment scheme winding up – obtaining novel orders to wind up a number of inter-related agribusiness managed investment schemes on behalf of a fund manager.

Centro Properties Group (now Federation Centres) restructure – acting for the Centro MCS syndicate management business in the restructure of Centro Properties Group and Centro Retail Trust to create the multi-billion dollar ASX listed Centro Retail Australia.

Key team members