KHQ Lawyers

Superannuation & Financial Services

Special Counsel

Andrew specialises in financial services law, with a particular focus on superannuation, investment platforms and managed investment schemes. He advises superannuation trustees, fund managers and other financial services entities on product structuring, licensing, disclosure, compliance and regulatory engagement across the Superannuation Industry (Supervision) Act 1993, the Corporations Act 2001 and other associated legislation.

Andrew brings a strong combination of technical capability and commercial perspective, having spent many years working in-house at one of Australia’s largest financial services providers. This experience gives him a deep, practical understanding of the operational and regulatory challenges facing financial services businesses, and informs his pragmatic, solutions-focused advice.

Earlier in his career, Andrew held senior legal and enforcement roles at ASIC, including heading the WA office’s superannuation and managed investments legal team and a period as acting WA Regional General Counsel. During this time, he initiated and led ASIC’s first-ever legal ‘class action’ under section 50 of the ASIC Act, seeking compensation for victims of a fraudulent investment adviser. The matter resulted in a successful settlement with the insurer and recovery of the majority of client funds. He has acted for both regulators and licensees in connection with investigations, enforcement proceedings, commercial relief applications, and broader regulatory engagement with ASIC, APRA and AUSTRAC.

Andrew has significant experience advising on:

• RG97 fees and costs disclosure requirements

• establishment of managed funds, IDPS products, platforms and superannuation products, including innovative income stream products

• superannuation product rationalisations and fund mergers (including intra-fund transfers)

• RSE licensing, APRA regulation and breach reporting obligations

• AFSL applications and conditions, licensing obligations, and ASIC breach reporting

• SIS Act issues, including in-house asset rules and related party investment requirements

• FAR Act issues and governance

• development of ‘protected’ or ‘guaranteed’ investment products, both inside and outside superannuation, using life policies and other structures

• product disclosure and member communications, including PDSs, target market determinations (TMDs), benefit statements, significant event notices and annual reports

• innovative income stream products and guaranteed/protected investment product structures (both within and outside superannuation), including those using life insurance policies

• fund documentation such as trust deeds, amendments, investment management and outsourcing agreements (including CPS 230 compliance)

• group insurance arrangements for death and disability cover

• regulatory relief applications to ASIC, APRA and AUSTRAC

• member complaints and dispute resolution - including misleading and deceptive claims, and AFCA complaints, and

• trustee indemnity insurance policies.

Outside of direct client work, Andrew has contributed extensively to thought leadership and education in the industry. He has written articles for the Australian Superannuation Law Bulletin and presented a number of times at the Law Council of Australia’s annual superannuation lawyers’ conference. He has delivered regular training to financial services staff on consumer law, marketing and misleading/deceptive conduct. For several years earlier in his career, he lectured on company law and insurance topics for the Securities Institute, and also served as editor of the Law Society of WA’s magazine. He also attained a Certificate in ‘Financial Planning Principles and Practice’ from the Securities Institute of Australia.

With a career spanning regulatory, in-house and private practice roles, Andrew combines unparalleled technical expertise with a commercial and collaborative approach. He is particularly experienced in navigating challenging product and regulatory projects - including fund mergers and platform changes - as well as working within detailed and evolving legislative frameworks. Clients value his ability to manage intricate matters with clarity, efficiency and practical insight.