Financial Services
& Credit
We are specialist financial services and credit lawyers who offer our clients a unique perspective. Our lawyers have acted in and advised on many of the most significant and complex financial services disputes since the onset of the GFC.
We can guide our clients through the complex landscape of a high impact dispute or insolvency. This allows us to bring a deep understanding of what really matters to our front-end advisory, structuring and transactional work.
The financial services and credit sector faces continued structural pressures from regulatory change and law reform. Each of our directors and senior lawyers have practised in specialised financial services and credit fields, often in the most contentious areas, including significant regulatory and market change and black swan events. Together we bring a wealth of experience and expertise.
We specialise in:
- Financial services and credit disputes – pursuing or defending claims for investment loss through Internal Dispute Resolution, AFCA and the Courts
- Australian Financial Services and Australian Credit licensing regimes and applications
- Anti-Money Laundering and Counter-Terrorism Financing regime
- Managed investment schemes – advising on establishment and fundraising; structuring and restructuring; compliance and conduct; distressed MIS and replacement of the responsible entity. We specialise in investor led actions to protect or recover investment value
- ASIC investigations and actions
- Australian Financial Services licensing and Australian Credit Licensing regimes for establishing or scaling up a financial services or credit business
- Authorisations, authorised representative and credit representative agreements and arrangements
- Australian Financial Complaints Authority (AFCA) matters
- Superannuation related claims
Complex Case Experts
Our strength is providing insight and solving complex disputes, regulatory issues and critical financial services matters. Meet our highly regarded Directors here.
The clarity you need
While we work on some of Australia’s most complex cases, we believe you should be able to understand every aspect of your matter without a single doubt.
We’re not a big law firm
As senior lawyers from big national law firms, our Directors know that a small hand-selected team is much more effective. We give your matter the focus is deserves.
Why Mackay Chapman?
We do not bring a pre-conceived idea or rigid process to matters. Nor are we beholden to particular sectors or types of clients. Independent thinking, we bring our extensive experience and unique perspective to every matter, using deep industry contacts and strategic and creative approach to deliver client outcomes.
Some key/current matters include:
- Representing Membo Finance and Richmond Group Financial Services in defending civil penalty proceeding brought by ASIC in respect of alleged contraventions of the Consumer Credit Laws
- Acting for a former member of a defined benefit scheme in claims against a trustee for misleading and deceptive conduct
- Advising an AFS Licensee in relation to an ASIC investigation, administrative action, investor claims, surrender of its AFSL and wind-down of its OTC derivatives business
- Advising a tech start-up on licensing and compliance with financial services laws in relation to its marketplace lending platform
- Advising an automotive finance company on compliance with AML-CTF obligations
- Acting for the responsible entity of various funds in relation to financial services laws and licensing issues
- Advising a participant of the New Payments Platform on AML-CTF issues
Take a look at our case studies
AMP Advisors & BOLR
How we can help
We can all be adversely impacted by regulators, that’s why it is important to get the right advice quickly. Some of the areas we advise clients on include:
- Financial services laws – licensing, authorised representatives, obligations (including best interests), compliance, AFCA disputes, Alleged illegal fundraising or unlicensed activity in financial services
- Corporations Act – consumer protection, fundraising, directors and officers’ duties
- Tax – ATO investigations, challenging amended assessments, high net wealth matters
- Capital markets - insider trading, market manipulation, compliance with listing rules
- Competition and Cartels
- RSE compliance
- Managed investment schemes and investment funds
- Professional issues – investigation and defence
- Building industry – licensing and insurance
Unlike other generalist lawyers we are specialists in helping businesses of all sizes strategically navigate their way through difficulties with regulators. We specialise in investigations, actions and issues concerning ASIC, ACCC, ATO and APRA.
We represent clients in Royal Commissions and Inquiries. We regularly represent clients in AFCA. We also act in discrete matters involving a wide range of regulatory bodies including professional bodies (CAANZ, IPA) and state regulators.