Regulatory Investigations

 
Interest from the regulator is always unwanted and often disruptive to day-to-day operations. Investigations have the potential to bring unwanted public scrutiny and risk to reputation – and ultimately the threat of prosecution.

Getting the right support and guidance from an experienced legal advisor from the outset is essential. We focus on working with regulators to resolve and settle any issues without the need for litigation, and if this is unavoidable, we have the expertise to efficiently defend any litigation.

Our multidisciplinary team thoroughly understands the regulatory framework and acts for many clients involved in investigations and proceedings commenced by ASIC, the ACCC, the ATO and other regulatory bodies.

Experience

  • Successfully representing a number of executives of a large international financial institution who were issued with notices under the Australian Securities and Investments Commission Act 2001 in connection with an allegation that the financial institution engaged in misleading and deceptive conduct in respect of credit limits. We represented the clients in ASIC examinations and in respect of all dealings with ASIC.
  • Advising a well-known Japanese company and its subsidiary in relation to an ACCC investigation. We successfully defended the client in relation to the investigation.
  • Acting in a claim against a multi-national retailer concerning trade mark and misleading and deceptive conduct claims concerning branding on products.
  • Acting in many franchise disputes in the Federal Court involving claims such as misleading representations and breach of contract in relation to services, profitability, territory, advertising and claims for relief (such as damages for loss of profit and injunctive relief).
  • Acting for a hardware business on an ACCC investigation of advertising alleged to be in breach of section 53 of the Competition and Consumer Act, and drafting terms of a proposed enforceable undertaking.

Key contact

Graydon Dowd is a leading commercial and litigation dispute resolution partner, providing expertise in litigation and mediation.

Related thinking

Litigation & Dispute Resolution| 15 Feb 2024

Navigating share transfers in a deed of company arrangement: crucial insights for administrators

We explore pivotal findings from a recent case, offering essential guidance for navigating the complexities of share transfers in company arrangement.

Litigation & Dispute Resolution| 09 Feb 2024

Trusts: to vary or not to vary

We outline the key issues if you’re considering varying or amending a trust deed, and provide some practical examples.

Litigation & Dispute Resolution| 25 Jan 2024

The Pickering Family Trusts: no variation power… no options?

We examine the recent landmark decision in Re The Pickering Family Trusts, which highlights alternatives for trusts lacking variation powers, showcasing the court's use of Trustee Act powers.

Litigation & Dispute Resolution| 21 Dec 2023

Internal dispute resolution reporting reminder – are you obliged to report from 1 January 2024?

In this article, we cover ‘in-scope’ criteria and outline the reporting requirements particularly for the estimated 8,600 financial firms who will have to report for the first time from 1 January 2024.