The financial services sector faces an ever changing legal and regulatory environment, as well as increasingly active regulators and investors. Clients choose us for the strength of our financial services industry knowledge and our focus on strategic management of disputes within the broader context of their business or circumstances. We represent a wide variety of clients in disputes involving financial services transactions and financial products.
Obtaining orders from the Administrative Appeals Tribunal overturning ASIC's decision to cancel a large fund manager's AFS licence.
Acting for an AFS licence holder responding to a Freedom of Information request lodged by a major newspaper seeking to reveal details of communications with ASIC.
Acting for investors in a unit trust investigating a class action alleging misleading and deceptive conduct, conflicts of interest, and mismanagement by a responsible entity.
Successfully defending an individual and a corporate authorised representative in District Court proceedings for negligence and misleading or deceptive conduct in respect of financial advice provided to investors.
Acting for a corporate authorised representative who received a show cause notice from its licensee alleging breaches of statutory and contractual obligations.
Acting for corporate entities and individuals, including AFS licence holders, authorised representatives, and employees, in relation to ASIC investigations and notices seeking provision of information or attendance at examinations with ASIC.
Acting on behalf of recipients of ASIC notices in relation to the proposed imposition of orders banning the provision of financial services or acting as a director of a company.
‘They are respected in the funds management industry and are pioneers in managed investment schemes.’ Chambers Asia Pacific Guide
Recognised in Best Lawyers in Australia for Corporate Law
‘I am extremely happy ... they are fantastic and I cannot speak highly enough of them.’ Chambers Asia Pacific Guide
We are ranked as leaders in our focus industry sectors – funds management and real estate
Partner Emma Donaghue is named in Best Lawyers in Australia for Banking and Finance Law
Associate Siobhan Luck is named as 'One to Watch' in Litigation by Best Lawyers in Australia
Partner Sean McMahon is named Lawyer of the Year for Investment Funds and Funds Management in Best Lawyers in Australia
‘They looked at the bigger picture and the end result rather than point-scoring on items that were not critical to the outcome.’ Chambers Asia Pacific Guide
‘They have a unique understanding of the legal and strategic issues involved in the acquisition, development, management, and disposal of properties by developers and managers.’ Chambers Asia Pacific Guide
‘They have been very effective in partnering with us ... their service is first class and they make you feel they are an extension of your own team.’ Chambers Asia Pacific Guide
‘McMahon Clarke’s team punches above its weight. It is a boutique funds practice which is very good at property funds and fund restructuring work.’ Chambers Asia Pacific Guide
Recognised for Real Property Law in Best Lawyers in Australia
‘Our overall impression is that they are a great firm that provides good advice in a timely manner.’ Chambers Asia Pacific Guide
‘They see the big picture across all real estate sectors, including commercial, industrial, and residential, as well as alternative asset classes.’ Chambers Asia Pacific Guide
‘They can see the big picture across the investment fund life cycle and always consider the financial parameters.’ Chambers Asia Pacific Guide
‘Excellent understanding of the laws relating to funds management and policy documents. Commercial and practical advice.’ Chambers Asia Pacific Guide
‘McMahon Clarke is highly responsive with deep knowledge and experience in investment funds, and they are very commercial and practical at the same time.’ Chambers Asia Pacific Guide