'Anne MacNamara of Hall & Wilcox is well regarded in the industry for her wide-ranging knowledge of superannuation fund product offerings. She is also sought out for her broad regulatory expertise.' Chambers Asia-Pacific 2017
Anne is a leading superannuation and financial services lawyer with deep knowledge and understanding of the superannuation and financial services industry. She works with a range of organisations on regulatory reform, superannuation fund product offerings, licensing, disclosure, fee arrangements and outsourcing arrangements.
She is well connected to, and well known by, many superannuation and financial services industry participants. Anne has strong relationships with her clients and works hard at understanding their business, and to be innovative in finding ways to improve their business outcomes.
Anne is a member of the Advisory Board of Waverley College, and a member of the Association of Superannuation Funds of Australia, Australian Institute of Company Directors and Women on Boards.
Anne has been recognised in Chambers Asia Pacific in Investment Funds (Superannuation) since 2013 and listed in The Best Lawyers in Australia in superannuation every year since 2014, adding wealth management/succession to her listing in 2019.
- Considerable experience in superannuation fund administration matters, including implementing clearing house services, direct investment options, as well as more usual contract negotiations and drafting.
- Advising on investment of superannuation assets, and specifically:
- acting on the restructuring of superannuation fund holdings from MLC Statutory Funds to alternative investment structures, requiring liaison with multiple stakeholders and advisers;
- acting for funds in relation to their investment management agreements;
- negotiating a securities lending agreement with the global custodian of a large industry fund, as part of the negotiation of the entire agreement;
- legal due diligence reviews for clients in respect of both domestic and off-shore pooled investments, involving review of constituent and offering documents and analysis of fund structures for domestic and off-shore funds, identifying and advising of the legal risks, and negotiating documents.
- RSE and AFSL Licensing issues.
- Disclosure, including portfolio reporting and product dashboard advice in relation to the SIS Act and Regulations, Corporations Act and Regulations.
- Director’s duties and other fund governance issues.
- Advice and negotiation in relation to contracts with global custodians.
- Trust law issues.
- Member complaints and disputed death and disability claims.
- Life insurance, focusing mainly on superannuation fund owned group policies.
- Platform operations and distribution.
- Conflicted remuneration and advice.
The Legal 500 Asia Pacific 2020Recommended – Banking and Finance
Best Lawyers in AustraliaPartner – Superannuation Law, Wealth Management/Succession
Best Lawyers in AustraliaPartner – Superannuation, Wealth Management / Succession Planning Practice
Thinking | 17 Feb 2020
The Hayne Royal Commission made a number of recommendations in relation to extending the scope of the Banking Executive Accountability Regime (BEAR) to other financial services entities. Broadly, the proposed Financial Accountability Regime (FAR) sets out conduct standards and financial consequences for “accountable persons” in the event of failure of accountability and responsibility. FAR entities will be required to apply to APRA or ASIC to register a person as an accountable person.