DanielMoloney

Partner

Melbourne + 61.3.9101.6828

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Daniel Moloney advises corporates, financial institutions, and individual directors and officers in complex and strategic litigation and regulatory matters.

Daniel's practice focuses on high-stakes commercial disputes, investigations, regulatory enforcement actions and prosecutions, and class action defense. Daniel also advises clients on regulatory issues including in relation to cyber and AML/CTF (anti-money laundering and counter-terrorism financing) matters. He has broad experience across industry sectors, including technology, funds, and financial services.

Daniel's recent experience includes advising national and global corporations in relation to regulatory obligations, investigations, and enforcement actions; acting for corporations in disputes related to M&A transactions, including acting for a global corporation in a dispute concerning ownership of certain IP following a series of major corporate transactions; advising global corporations in defense of Australian class actions; acting for high-profile directors and executives in investigations and enforcement actions, including successfully defending the former chairman of a financial services company in disqualification proceedings; and acting for a financial institution in relation to the Financial Services Royal Commission.

Daniel also has advised clients in insolvency-related investigations and litigation, including acting for the receivers of a public company in a claim against directors and officers for breaches of duties in connection with a satellite project and acting for the liquidators of special purpose finance companies in investigations and claims relating to taxation evasion schemes involving financial institutions in numerous jurisdictions.

Daniel has published a number of articles and is a regular speaker on litigation, dispute resolution, and regulatory issues.

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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    June, 2022 Newsletters

    Australian Financial Services Regulatory Update

    May 2022 White Paper

    Impact of Global Sanctions Regimes Relating to Russia, Ukraine, and Belarus

    March 2022 White Paper

    2021 Anti-Money Laundering and Sanctions Year in Review

    February 2022 Commentary

    The Australian Parliament Enacts Magnitsky-style Laws

    January 2022 Commentary

    The Return of ASIC Court Enforceable Undertakings: Devil in the Detail

    December 20210 Commentary

    Climate Change Class Action Relating to Australian Sovereign Bonds Permitted to Proceed

    December 2021 Newsletters

    Australian Financial Services Regulatory Update

    October 2021 Commentary

    Victorian Supreme Court Denies First Ever Contingency Fee Applications in Class Actions

    OCTOBER 2021 Commentary

    Australian Federal Government Proposes Major Class Action Law Reforms

    September 2021 Commentary

    Australia's High Court Confirms Facebook Page "Owner" Responsible For Defamatory Comments by Third Parties
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