Regulation & Investigations

The regulatory landscape is complex and ever-changing.  On top of this, recent financial services scandals and failures are leading to increased pressure on finance, funding and for ‘regulatory outcomes’.

You need advisors with experience, insight and understanding, not only of the law and regulations, but also the factors that shape regulatory policy and action.  You need advisors who understand the regulatory environment, who can identify the relevant drivers and anticipate their moves, and who can see a regulatory issue or investigation from the inside out.

We have that insight, experience and understanding.

Dan spent three years during the GFC in Enforcement at ASIC as a lawyer and project manager of complex investigations.  Since then he has acted for numerous clients in ASIC investigations and actions.  He has drafted and advised on more than a hundred ASIC notices, and both conducted for ASIC and later represented clients at a large number of compulsory examinations (‘Section 19s').  A number of these investigations have concerned potential criminal offences.

Michael also spent time at ASIC and gained valuable experience within its financial services and consumer credit licensing teams. Since then he too has acted for clients in a number of matters involving ASIC, including recently successfully defending AGM Markets in an application by ASIC to place the company in provisional liquidation in connection with an ASIC investigation.

Both Dan and Michael have represented many clients in ‘External Dispute Resolution’ scheme investigations and disputes before FOS and the CIO, and in the Super Complaints tribunal. 

More recently Dan has acted for a number of professionals in investigations by their professional association and in investigations by the Victorian Department of Education, and acted for a bankrupt in relation to an investigation of potential criminal breaches of the Bankruptcy Act 1966 (Cth).

More generally, Mackay Lawyers & Advisors has extensive experience with regulatory policy, change, investigations, and actions.  We have extensive experience with regulators (in particular ASIC, APRA and the ACCC), and with dispute resolution providers.  We act for a number of professionals in matters concerning their professional membership or accreditation.  The firm draws upon a network with experience in APRA and ACCC investigations and matters. 

This provides us with a unique ‘lens’ through which we view the issues you face, identifying the best way through.