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.

This means not only can we guide our clients through the complex landscape of a high impact dispute or insolvency, we can also bring to our front-end advisory, structuring and transactional work a deep understanding of what really matters.

The financial services and credit sector faces continued upheaval, structural pressures from regulatory change and further law reform. Each of our directors and senior lawyers have practised in specialised financial services and credit fields, often in the most contentious areas of the law, including significant regulatory and market change and black swan events. Together we bring a wealth of experience and expertise across the sectors.

Some of the areas we can assist you with are:

  • Financial services and credit disputes – pursuing or defending claims for investment loss through Internal Dispute Resolution, AFCA or and the Courts
  • Australian Financial Services and Australian Credit licensing regime
  • Anti-Money Laundering and Counter-Terrorism Financing regime
  • Managed investment schemes – advising on establishment and fundraising; structuring and restructuring; compliance and conduct; and distressed MIS and replacing the responsible entity. We specialise in investor led actions to protect or recover investment value
  • AFS and Credit licencing applications
  • ASIC investigations and actions – see our Regulation and Investigations page here
  • The fundamentals around licensing and structure for establishing or scaling up a financial services or credit business
  • Authorisations, authorised representative and credit representative agreements and arrangements

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.

The Mackay Chapman team standing around a desk
our experience

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 of our recent matters include

  • Acting for various authorised representatives in matters concerning their licensee AMP Financial Planning and the Buyer of Last Resort, including defending proceedings brought by AMP Bank and counterclaiming against AMP Financial Planning
  • Advising a payments system fintech start-up on the AML-CTF regime and related requirements
  • Defending an overseas owned Australian Credit Licence holder and credit representative in civil penalty proceedings
  • Advising a party to a large-scale superannuation transaction on the risks posed by pending ASIC civil penalty proceedings involving the counterparty and policy settings in relation to the outsourced trustee model
  • Pursuing claims against a big four bank through non-litigious channels in matters involving alleged fraud, duress and unconscionable conduct, leading to the discharge of multi-million $ impugned securities and payment of compensation
  • Advising an established automotive industry participant on ACL and AML-CTF issues in relation to a new, technology based product
  • Representing complainants in complex AFCA and related proceedings in relation to claims against a big four bank
we’re specialist lawyers

Take a look at our case studies

our specialities

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.

Book your free consultation today