Fintech & Financial Services Regulatory
John Bassilios
John has broad experience in financial services, funds management, blockchain, corporate and commercial law, with a particular emphasis on funds management related matters. John is one of Australia's leading Fintech and Blockchain/crypto lawyers and is a Director on the board of Blockchain Australia.
John has acted for a wide range of financial services providers (both start-ups and established industry providers), including retail and wholesale fund managers, investment advisers, financial planners, stockbrokers, IDPS operators, managed discretionary account providers and consumer credit providers. He has advised financial services providers on all aspects of managed investments schemes, AFSL and ACL licensing, disclosure requirements, and ongoing compliance with regulatory requirements.
Jacqui Barrett
Jacqui has extensive experience in advising and assisting clients with M&As, corporate structuring, corporate compliance and governance, capital raisings and managed investment schemes. She also advises clients with day-to-day legal issues affecting their business including supply arrangements, licensing arrangements, protection and commercialisation of intellectual property, manufacturing and distribution arrangements consultancy arrangements, terms and conditions, and privacy and confidentiality issues.
Anthony Bradica
Anthony is a highly regarded tax practitioner with over 20 years’ experience. He has particular expertise in taxation planning and structuring for corporate clients, including advising on capital raisings, business structuring, mergers and acquisitions, and disputes with Federal and state taxation authorities.
Anthony’s current practice primarily focuses on tax advisory, advising in respect of employee share plans and executive remuneration, and managing tax disputes with revenue authorities. He has specific industry experience in the telecommunications, software / IT services industries, media and entertainment industry, and the property and construction sector.
Mark Inston
Mark is the lead partner of the firm's Banking and Finance practice. He has more than 25 years' experience acting for Australian and overseas financial institutions and borrowers in a broad range of finance transactions, including construction and investment property finance, all forms of corporate finance, including syndicated and bilateral loans, mezzanine and quasi equity finance, acquisition finance, asset and equipment finance, and derivatives.
James Morvell
James has a broad range of both corporate and general commercial experience, particularly in the areas of equity capital markets, corporate advice, and public and private M&A. James has acted for a diverse range of clients including publicly listed companies, private companies and multinational organisations. In particular, he has extensive corporate and transactional experience in the funds management and REIT sectors.
Harry New
Harry is the lead partner of the firm's financial services practice.
Harry's practice focuses extensively on financial services, corporate advisory and general corporate and commercial work. He has represented a number of listed public companies, large private companies and government organisations.
Harry advises on managed investment schemes, structured products, financial services including licensing and product disclosure, product disclosure statement, prospectus preparation and public offers of managed investment interests and securities. He also advises on the Corporations Act, ASX Listing Rules, mergers, acquisitions and divestments, commercial transactions, superannuation, including self-managed and public offer funds and AML/CTF programs.
Adrian Verdnik
Adrian is the section leader of the firm's national Banking and Financial Services practice. Adrian’s financial services law practice covers superannuation, managed funds, insurance, and financial advice. His work includes both advisory and transactional services. He works for a variety of participants in the financial services industry, including issuers, investment professionals, and service providers.
Adrian is valued by his clients for his ability to balance the technical and commercial aspects of financial services law, and for his effective management and delivery of work.
Langton Clarke
Langton has extensive experience across all aspects of the funds management industry.
He has particular expertise in investment vehicles seeking to raise capital from the retail and wholesale sectors.
Langton advises both start up enterprises and long-established businesses about raising new capital or debt, establishing investment opportunities and restructuring existing businesses and investment projects.
Emma Donaghue
Emma has over 15 years’ experience advising clients in the funds management and financial services industries.
Her expertise includes the establishment and ongoing operation of MISs (listed and unlisted) and banking and finance transactions. She specialises in debt funds, including structuring, establishment and deployment of capital in documenting debt facilities.
Emma’s experience includes working first-hand in the investment funds industry as legal counsel for a corporate and government bonds specialist. Clients describe Emma as clear thinking, resourceful, and results focused.
She is a member of the Property Funds Association Issues and Regulatory Committee.
Sean McMahon
Sean has more than 25 years’ experience in the funds management and corporate sectors and co-leads the Hall & Wilcox Investment Funds team. Prior to joining the firm, Sean lead the award-winning Funds Management team at McMahon Clarke.
His expertise includes establishing and advising on fund structures, funds management, real estate finance and fund finance. Sean also advises on governance, directors' duties, compliance, and disclosure issues.
Sean advises fund manager clients across a broad range of sectors, including property, equities, and mortgages (both wholesale and retail), about getting their product to market and their ongoing compliance obligations.
Selina Nutley
Selina has extensive experience in all aspects of commercial litigation and dispute resolution, particularly in the funds management, financial services and real estate sectors and in dealing with regulators.
In the funds management and financial services area, Selina is focused on assisting clients with managing contentious relationships between trustees, investment managers and investors, regulatory investigations (including with AFCA) and disputes arising from the licensee/authorised representation relationship.
In the property area, Selina advises clients in disputes concerning contracts, development agreements, resumption of land and also represents clients in the Planning and Environment Court.
Her general commercial litigation experience spans the likes of trade mark, defamation, partnership and restraint of trade disputes.
Selina is highly regarded for her engaging, practical, and carefully tailored in-house training presentations. Clients value Selina's common sense commercial approach, outcomes focus, and genuine industry knowledge.
Eugene Chen
Eugene is a Partner in the Banking and Finance team at Hall & Wilcox, and is Head of the firm's China Practice. Eugene specialises in capital raising, funds management, financial services licensing and anti-money laundering law.
Eugene services Australian and Chinese fund managers, corporate advisors, retail and commercial banks and financial institutions, institutional investors and ultra-high net worth investors, and has expertise in managing large scale mergers and acquisition, joint venturing and capital raising transactions for Australian and Chinese businesses.
Elliott Stumm
Elliott has deep industry knowledge and specialist expertise in the regulation of fund and investment management businesses, corporate and wealth advisers, and related service providers. He assists clients in establishing and growing their business, including by structuring funds and novel products and broadening service offerings.
Elliott focuses on all facets of funds management and financial services compliance and works closely with clients to achieve their commercial objectives by transforming complex legal issues into practical solutions. He advises national and international financial services groups, as well as both new entrants and established industry participants.
Elliott strives for long-term relationships with clients and is valued by them as a trusted adviser. He is a sought-after speaker and regularly presents for the Compliance Committee Forum and Property Funds Association master classes. Elliott is an active participant in Financial Services Council working groups and has participated in Treasury roundtables regarding the corporate collective investment vehicle (CCIV) regime and the regulatory framework for managed investment schemes.
Team Services
The complexity of the laws and standards governing the financial services industry requires a legal team with deep expertise and experience to develop compliant business solutions.
Hall & Wilcox’s experience covers our clients’ regulatory and licensing obligations. Importantly, we also explore the applicable professional standards and compliance requirements. While often overlooked, we understand their impact on all areas of our clients’ operations and the role they play in business protection. We help address this issue using Smarter Law systems that are designed to meet the strict regulatory and licensing requirements.
We advise on the full range of financial services regulation and licensing issues, including:
- AFSL applications, licensing requirements and compliance;
- disclosure document preparation and review of regulated disclosure documents including PDSs, SOAs and FSGs;
- design and distribution obligations;
- applying to regulators such as ASIC, AUSTRAC and ASX for exemptions and relief;
- due diligence program design and implementation;
- key regulatory regimes including the Corporations Act, the Superannuation Industry (Supervision) Act, the Income Tax Assessments Act(s), and the Competition & Consumer Act;
- compliance programs and plans within the framework of AS3806, including systems for monitoring, measurement and reporting;
- IDPS Guide preparation, review, due diligence and verification;
- IDPS constitution review and preparation;
- MDA compliance advice and agreements; and
- enforcement issues and enforceable undertakings.
Fintech
The burgeoning Australian fintech ecosystem is poised to become a desirable option for fintech companies wanting to establish a presence in Asia. There are now more than 800 diverse and complex fintech companies operating in this multifaceted sector across Australia. These businesses play an essential role in revolutionising how users engage with financial services, and ultimately they deliver better outcomes for all participants.
Our cross-practice Fintech team understands the challenges clients face in this sector. Internationally recognised as leading lawyers in their field, our team advises on all facets of fintech law affecting both new and established participants. Our diverse clients include dedicated fintech companies as well as established organisations developing their fintech services. These include:
- new and established fintech companies (neobanks, blockchain businesses, cryptocurrencies and digital assets, lending and payment platforms, wealthtech, regtech, insurtech and crowdfunding companies)
- banks and non-bank lenders
- fund managers (including superannuation and investment funds)
- insurers, underwriters and brokers