Working hand-in-hand with our Funds Management team, we are uniquely placed to provide strategic advice to help resolve the broad range of disputes, compliance, and regulatory issues which often arise in the funds management industry. Our expertise extends to disputes throughout the entire life cycle of a fund, including contested investor meetings, advice on powers and duties of responsible entities and trustees, guidance on disclosure and misleading and deceptive conduct. We aim to forecast and guide our clients through contentious issues before they escalate, but if court intervention becomes inevitable, we have significant expertise in managing proceedings across all levels of State and Federal courts.
Representing a property fund which was a major landlord of ABC Learning Centres, and successfully intervening in the Federal Court insolvency proceedings.
Successfully defending claims of misleading and deceptive conduct in an explanatory memorandum sent to investors during a hostile managed investment scheme takeover.
Obtaining orders from the Administrative Appeals Tribunal overturning ASIC's decision to cancel a large fund manager's AFS licence.
Obtaining novel orders to wind up a number of inter-related agribusiness managed investment schemes on behalf of a fund manager.
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.
Acting for a responsible entity of a property fund in multiple Federal and Supreme Court proceedings about the acquisition and refurbishment of two commercial office, retail and hotel premises. The disputes involved interpreting the contracts for sale, calculation of the purchase price, valuation, incentives and one-year price adjustment, development deed, construction contracts, pre-lease agreements and leases.
Acting for a fund manager to defend a claim that a heads of agreement constitutes a binding contract to sell land, including opposing a caveat registered over the land.
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 in proceedings about whether a right of first refusal had been successfully invoked against a trustee and in a dispute against an investment manager who sought to orchestrate a removal of the trustee by members to avoid its contractual obligations.
Acting in proceedings instituted by the authorised representative's former licensee seeking to recover damages pursuant to an indemnity; acting on behalf of an authorised representative to successfully resolve a claim and third party proceedings about providing allegedly negligent investment advice; 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; and acting for a corporate authorised representative who received a show cause notice from its licensee alleging breaches of statutory and contractual obligations.
Acting for a licensee challenging the jurisdiction of AFCA to investigate multiple complaints stemming from the conduct of related parties of an authorised representative.
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 resolving a judicial advice application for a responsible entity.
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.
Acting on behalf of trustees of listed and unlisted managed investment schemes to advise on the scope of their duties.
Associate Siobhan Luck is named as 'One to Watch' in Litigation by Best Lawyers in Australia
Recognised for Real Property Law in Best Lawyers in Australia
We are ranked as leaders in our focus industry sectors – funds management and real estate
‘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 2022
‘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 2022
Partner Emma Donaghue is named in Best Lawyers in Australia for Banking and Finance Law
Recognised in Best Lawyers in Australia for Corporate Law
Partner Sean McMahon is named Lawyer of the Year for Investment Funds and Funds Management in Best Lawyers in Australia