Regulation
We assist businesses in navigating the constantly changing (and increasingly onerous) regulatory landscape. From ASIC civil penalty and administrative actions, to ACCC cartel investigations, we act for a broad range of individual, corporate and non-corporate clients whenever a regulator is involved.
With increased criminal investigations and civil penalties, and extensive powers to investigate businesses and intervene in markets, the potential impact is high for anyone subject to regulatory oversight. We know how regulators operate and think and we use all available strategic avenues to help our clients get the best outcome.
The areas we can assist where a Regulator is involved include:
- Investigations by federal regulatory bodies such as ASIC, ACCC, ATO, AUSTRAC, APRA or AFCA or state regulators, such as VBA
- Royal Commissions and Inquiries
- Compulsory notices to answer questions, give information or produce books
- Professional body investigations including CAANZ, IPA, CPA, AHPRA
- Protecting or enforcing your rights with respect to a party under investigation
- Understanding your obligations and regulatory risks before making a commercial decision
- Claims following a regulatory investigation or civil action
- Obtaining information or challenging a decision by a regulator that impacts you or your business including FOI
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?
Our extensive experience working inside Regulators, and now against them, creates our unique expertise and perspective. We understand how they think, their drivers, and use this for our client's benefit at every step.
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 National Consumer Credit Protection Acts
- Advising the Managing Director of the target of an ACCC cartel investigation in relation to the investigation and, likely regulatory action
- Representing various parties in a current ASIC Greenwashing investigation
- Advising a responsible entity and trustee in relation to ongoing ASIC surveillance of its managed funds
- Representing employees of target companies in ASIC section 19 compulsory examinations
- Challenging decisions by the VBA and VMIA in relation to builder’s registration and compulsory insurance
- Representing a high-net-worth individual contesting an ATO, post business sale, Capital Gains Tax assessment
- Representing an OTC derivatives dealing business in relation to ASIC administrative action and related consumer claims
- Acting for a responsible entity in relation to an ASIC Stop Order on retail fundraising
Take a look at our case studies
The professional body investigation
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.