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Funds Management Services

Litigation and Dispute Resolution

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.

Examples of our work:

Vasco Trustees  

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. 

AFS licence dispute

Obtaining orders from the AAT overturning ASIC's decision to cancel a large fund manager's AFS licence.

Contested managed investment scheme meetings

Advising many responsible entities and investors about how to call, plan for and run meetings designed to remove a responsible entity.

Centro (now Federation Centres)

Advising the Centro MCS syndicate management business in the restructure of Centro Properties Group and Centro Retail Trust.

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.

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.

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.

Freedom of information requests  

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.

Authorised representative disputes 

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.

Australian Financial Complaints Authority complaints  

Acting for a licensee challenging the jurisdiction of AFCA to investigate multiple complaints stemming from the conduct of related parties of an authorised representative.

Investor dispute 

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.

Judicial advice application

Successfully resolving a judicial advice application for a responsible entity.

ASIC investigations and notices

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.

ASIC banning orders

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.

Trustee’s duties

Acting on behalf of trustees of listed and unlisted managed investment schemes to advise on the scope of their duties.

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Contact McMahon Clarke

T +61 7 3239 2900
A Level 7, 100 Creek Street, Brisbane Qld 4000