Our Litigation lawyers have a practical understanding of the challenges faced by the funds management and financial services industries. We provide useful risk management advice to try preventing disputes arising or escalating. But, if a dispute arises, we move quickly to resolve it efficiently through negotiation, mediation or, if necessary, the courts.
We are proud that our clients choose us to provide ongoing strategic and risk management advice once a dispute has been resolved.
Advising Vasco Trustees as responsible entity of the registered Heritage Lodge Scheme on Supreme Court proceedings seeking to injunct the sale of a management lot, as well as declaratory relief in relation to the scheme’s contractual right of first refusal, and its right to consent to the sale. The sale did not proceed, and the proceedings were resolved by consent order.
Obtaining orders from the AAT overturning ASIC's decision to cancel a large fund manager's AFS licence.
Advising many responsible entities and investors about how to call, plan for and run meetings designed to remove a responsible entity.
Advising the Centro MCS syndicate management business in the restructure of Centro Properties Group and Centro Retail Trust.
Successfully defending claims of misleading and deceptive conduct in an explanatory memorandum sent to investors during a hostile managed investment scheme takeover.
Obtaining novel orders to wind up a number of inter-related agribusiness managed investment schemes on behalf of a fund manager.
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 for both licensees and authorised representatives in disputes concerning the scope of, and compliance with, authorised representative arrangements, including in proceedings seeking recovery of damages arising from provision of allegedly negligent advice to clients.
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 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.
We are ranked as leaders in our focus industry sectors – funds management and real estate
‘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
‘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
Recognised in Best Lawyers in Australia for Corporate Law
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
Recognised for Real Property Law in Best Lawyers in Australia
Partner Sean McMahon is named Lawyer of the Year for Investment Funds and Funds Management in Best Lawyers in Australia