DanielMoloney

Partner

Melbourne + 61.3.9101.6828

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Daniel Moloney has a successful track record of representing corporates, financial institutions, and individual directors and officers in high-value, complex, and sensitive litigation and regulatory matters.

Daniel's practice focuses on commercial and corporate disputes, class actions, investigations, and contentious regulatory matters. He has broad experience across industry sectors, including financial services, technology, and energy.

Daniel's litigation experience includes acting for clients in relation to contentious issues on corporate transactions, including acting for a global corporation in litigation concerning ownership of certain IP following a series of major corporate transactions; defending class actions, including parallel class actions in Australia and the United States against a financial institution related to AML/CTF (anti-money laundering and counter-terrorist financing) issues and numerous class actions against a credit ratings agency; and acting for clients in insolvency-related investigations and litigation, including the receivers of a public company in a claim against directors and officers for breaches of duties in connection with a satellite project.

Daniel's regulatory experience includes acting for clients in inquiries, investigations, and regulatory enforcement actions involving major cyber incidents and collateral regulatory inquiries, successfully defending the former chairman of a financial services company in APRA (Australian Prudential Regulation Authority) disqualification proceedings, and a financial institution in relation to investigations by the Financial Services Royal Commission.

Daniel also advises clients on risk and liability management and regulatory obligations on issues such as ESG (environmental, social, and governance), corruption and bribery, cyber security, sanctions, and AML/CTF.

Experience

  • Financial services company receives advice on defection of employees to competitorsJones Day advised a financial services company regarding suspected breaches of non-solicitation and confidentiality obligations against a group of employees who resigned to work for competitors in Australia.
  • ASX-listed non-bank lender agrees enforceable undertaking and resolves civil penalty proceedings brought by ASICJones Day represented an ASX-listed non-bank lender in relation to ASIC investigations and enforcement action concerning lending alleged to be in contravention of the National Consumer Credit Protection Act 2009 (Cth), including the negotiation of one of the first Enforceable Undertakings and Remediation Programs entered into by ASIC following the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry and civil penalty proceedings in the Federal Court of Australia.
  • Former CEO of Westpac defends Federal Court of Australia securities class actionJones Day is defending Brian Hartzer in relation to securities class action proceedings commenced in the Federal Court of Australia against Mr. Hartzer and Westpac Banking Corporation in connection with alleged AML/CTF failures at Westpac.
  • Former CEO of Westpac defends U.S. federal securities class action in OregonJones Day is defending Brian Hartzer in relation to a United States federal securities class action commenced in the District of Oregon against Westpac Banking Corporation, Mr. Hartzer, and another Westpac executive in connection with alleged AML/CTF failures at Westpac.
  • Foreign client seeks advice relating to potential domestic and private international law remedies against Australian governmentJones Day is advising a foreign client as to its domestic and international law remedies following an Australian government decision to exclude the company from participating in an Australian commercial opportunity.
  • Former IOOF Chairman successfully defends disqualification proceedings brought by APRAJones Day successfully defended George Venardos, a former director and Chairman of IOOF Holdings Limited ("IOOF"), in disqualification proceedings brought by the Australian Prudential Regulation Authority ("APRA") against directors and senior management of IOOF in the Australian Federal Court.
  • Bank of Queensland seeks counsel in Banking Royal Commission inquiryJones Day acted for Bank of Queensland Limited and its subsidiaries in the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry.
  • NewSat Limited sues its CEO and Chairman for breaches of directors' dutiesJones Day is acting for NewSat Limited, a formerly publicly listed Australian satellite company, on the instruction of its receivers from McGrathNicol in relation to a claim against NewSat's CEO and Chairman for breaches of directors' duties. 
  • rt health and HCF announce merger agreementJones Day advised Railway & Transport Health Fund Ltd (rt health) in its merger with Australia’s third largest private health insurer, the Hospitals Contribution Fund of Australia Limited (HCF).
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    March 2023 Commentary

    Stick to the Statute: No "Peaking" Around in Australia

    March 2023 Commentary

    Australian High Court: No Statutory Set-Off Against Unfair Preference Claims

    January 2023 Newsletters

    Australian Financial Services Regulatory Update | Q3–Q4 2022

    January 2023 Commentary

    Australian Government Serious About Data Privacy: Substantial Increases in Fines and Enhanced Regulatory Powers

    November 2022 Newsletters

    Australian Class Actions Update: Class Actions to Remain a Material Risk

    October 2022 Commentary

    Australia: Solicitors' Duties to Witnesses in Civil Cases Who May Be Exposed to Criminal Charges or Other Penalties

    August 2022 Newsletters

    Australian Financial Services Regulatory Update

    August 2022 White Paper

    An Update on Insolvency in the Australian Construction Industry

    July 2022 Commentary

    Australian Corporate Conduct Regulator Releases Guidance on Greenwashing Risks

    June 2022 Commentary

    Regulation of Class Actions in Australia Revisited … Again
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