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Funds Management & Financial Services


Funds Management & Financial Services

We are funds and financial services lawyers who assist businesses in the investments industry with all their commercial and tax legal needs. We regularly advise trustees, financial advice businesses, investment managers, investors and limited partners, custodians, administrators and regulators.

Expertise

We provide legal services on all aspects of wealth management and investment product development and distribution.

We speak your language and understand your challenges.

We are nimble and leverage technology to deliver cost effective and efficient outcomes.

We invest to develop long term relationships.

Our investment fund expertise includes:

  • establishment of investment funds including private equity VCLPs and ESVCLPs, exchange traded funds, separately managed accounts, property funds and credit funds and investment mandates across all asset classes;
  • negotiating, reviewing and drafting trust deeds, constitutions of registered schemes, limited partnership agreements, subscription agreements, shareholder, unit holder and joint venture agreements, underlying investment documents, side letters, funding and financing documentation;
  • custodial arrangements and advice on scheme registrations;
  • structuring funds to achieve MIT, AMIT and CCIV status;
  • advising on withholding tax and Australia’s tax treaty network to reduce tax leakage for foreign investors;
  • structuring investor mix to achieve duty-effective outcomes.
  • asset acquisitions and disposals.

Our financial services expertise includes:

  • the Australian Financial Services Licensing regime, including AFSL applications, variations and associated risk and compliance advisory work;
  • the financial advice obligations, including in relation to best interests and permissible remuneration;
  • consumer remediation for Australian Financial Services Licence holders, including providers of financial product advice;
  • the reportable situations regime and conducting incident and compliance reviews;
  • the design and distribution obligation regime, including target market determinations and distribution arrangements and financial product governance arrangements;
  • the development of new investment products and product changes (including wrap platforms, separately managed accounts and other retail client products and distribution channels);
  • fintech and digital asset related investment products;
  • disclosure obligations, including in relation to investment product fees and costs (RG 97), hedge funds (RG 240) and infrastructure entities (RG 231); and
  • Anti-Money Laundering and Counter Terrorism Financing obligations.

Experience

Our team’s experience includes acting for:

  • Fortlake Asset Management – fund establishment, distribution, governance and corporate arrangements;
  • Richmond Bridge Asset Management, UniSuper and ISPT – fund establishment for ‘Burra Park’, located adjacent to the new Western Sydney Airport (estimated value at the end of stage 1 development being AUD4 billion);
  • VanEck – including in relation to the VanEck Crypto Fund and the VanEck Global Defence ETF;
  • National Storage – in relation to its joint venture with Government of Singapore Investment Corporation
  • Channel Capital – establishing numerous Australian feeder funds for global asset managers raising capital in Australia
  • Apis Partners UK – in relation to Australian activities.
Authors of Chambers and Partners Alternative Funds 2025

Authors of Chambers and Partners Alternative Funds 2025

Demonstrating our depth of expertise across corporate, tax and investment funds, our team authored the Australian chapter of the Chambers and Partners Alternative Funds 2025 guide.

Andrew Stone is a member of the Financial Services Committee within the Business Law Section of the Law Council of Australia.

Dhanushka Jayawardena is a member of the Taxation Committee within the Business Law Section of the Law Council of Australia.

These national committees advise on financial services and taxation laws and enhance our ability to anticipate legislative changes, engage with regulators, and deliver strategic, forward-looking advice to our clients, reflecting our firm's expertise at the forefront of legal practice in Australia.

Read the guide

Recent Posts

27 October 2025 - Knowledge

Alternative funds in Australia: Legal framework, trends and developments

#Funds Management & Financial Services, #Real Estate

In partnership with Chambers and Partners, we analyse key trends, developments and opportunities shaping Australia’s alternative funds sector in the year ahead.

10 September 2025 - Knowledge

M&A Review: Market insights & outlook for 2026

#Mergers and Acquisitions, #Corporate & Commercial Law, #Digital Economy, #Property & Development, #Renewable Energy, #Funds Management & Financial Services, #Taxation

Our annual M&A Review looks at key trends, challenges and opportunities shaping Australia’s dealmaking landscape over the next 12 months and how businesses can prepare for the year ahead.

28 August 2025 - Knowledge

ASIC proposes significant changes to RG 181: What AFSL holders need to know

#Funds Management & Financial Services

ASIC’s proposes to update Regulatory Guide 181, expanding the scope of Australian Financial Service License holder’s conflict management obligations. We discuss some of the notable aspects of the proposals.

02 July 2025 - Knowledge

Is your business ready for Australia’s new AML/CTF regime?

#White Collar Crime & Regulatory Investigations, #Property & Development, #Funds Management & Financial Services, #Real Estate

From 1 July 2026, accountants, real estate agents, legal professionals and organisations providing ‘designated services’ will need to comply with new anti-money laundering and counter-terrorism financing (AML/CTF) laws.

13 June 2025 - Knowledge

Capital markets update: ASIC symposium highlights and fast-track IPO trial

#Funds Management & Financial Services

ASIC’s recent symposium shed light on the evolving dynamics between Australia’s public and private markets and introduced a two-year fast-track IPO trial. We share our summary of the key takeaways from the event.

23 October 2024 - Knowledge

Federal Court fines Vanguard $12.9 million for greenwashing conduct

#Environmental, Social and Governance (ESG), #Competition & Consumer Law, #Governance, #Funds Management & Financial Services

The Federal Court has fined Vanguard Investments Australia Ltd $12.9 million for making misleading representations about its Ethically Conscious Fund. This is the highest penalty imposed on a business for greenwashing conduct to date.

20 August 2024 - Knowledge

Federal Court imposes $11.3 million penalty in ASIC’s first greenwashing case

#Environmental, Social and Governance (ESG), #Competition & Consumer Law, #Governance, #Funds Management & Financial Services

The Federal Court has fined Mercer $11.3 million in the Australian Securities and Investments Commission’s (ASIC) first greenwashing case. What can businesses learn from this decision and how can they avoid making misleading claims?

29 April 2024 - Knowledge

Relevant contractor payroll tax provisions extended to financial services

#Taxation, #Funds Management & Financial Services, #Workplace Relations & Safety

A recent NSW Supreme Court case involving mortgage brokers and a mortgage aggregator demonstrates how wide relevant contractor provisions can be when it comes to payroll tax liability.

20 December 2023 - Knowledge

Market manipulation – an evolving space to watch

#Funds Management & Financial Services, #White Collar Crime & Regulatory Investigations

Two recent ASIC investigations shed light on Section 1041A of the Corporations Act 2001, detailing what market manipulation is and the consequences for those found doing it.

19 December 2023 - Knowledge

Trustee risk reserves – the ATO’s view on the deductibility of payments

#Taxation, #Funds Management & Financial Services

The Australian Taxation Office has issued TD 2023/D3, a draft taxation determination for payments made to trustee risk reserves required by super laws. We share our thoughts on the guidance.

17 October 2023 - Knowledge

A tap on the shoulder: Prudential Standard CPS 900 – Resolution Planning

#Funds Management & Financial Services

APRA released APRA Prudential Standard CPS 900 – Resolution Planning (CPS 900), empowering APRA to implement an action plan to manage a trustee’s failure to protect beneficiaries. We explore the key takeaway for trustees and the consequences for those who fail to comply.

08 August 2023 - Knowledge

Regulators crack down on super fund retirement strategies

#Funds Management & Financial Services

A recent review of the implementation of the Retirement Income Covenant finds a need for super funds to consider how they can best assist retirees in accessing and using the available benefits to improve their retirement outcomes.