Matthew Daley

Clayton Utz
Partner Sydney

Matthew is excellent and practical across all the detail. He's my go-to in the transactional funds space.

– Chambers 2023

Overview

A specialist in investment funds and financial services, Matthew is particularly involved in fund establishment, capital raisings, governance, regulatory matters, disclosure, contracting and distribution.

His experience spans all forms of regulated and unregulated collective investment vehicles for retail and wholesale clients across a range of asset classes and structures. These include managed investment schemes and wrap platform arrangements (including IDPS, master trusts and MDAs).

In addition, he has deep experience in the structuring and offering of all other types of financial products and services, including complex and structured products. Matthew was named Lawyer of the Year in Funds Management (2023) by Best Lawyers Australia.

Notable Work
  • QIC: advised on the establishment of the $500 million Queensland Natural Capital Fund (QNCF). The QNCF aims to invest in land in Australia that can generate agricultural and environmental market returns from capital appreciation, operating yield/lease and environmental credits and regional communities.
  • Copenhagen Infrastructure Partners (CIP): on the establishment of the Australian parallel fund established as part of CIP's Copenhagen Infrastructure IV – the largest dedicated greenfield renewable energy fund globally. This is the first Danish, Luxembourg and Australian parallel fund structure in the world.
  • Milestone Logistics: advised on its formation of a fully integrated, internally managed real estate investment trust, which on completion is expected to be the largest Australian logistics REIT by market capitalisation and the only internally managed logistics REIT in Australia.
  • Partners Group Listed Credit Fund: advised on the establishment of a A$550m listed investment trust, including advising in respect of all aspects of the establishment of Partners Group's presence in Australia, including applying for an appropriate Australian financial services licence for Partners Group.
  • Barrenjoey Capital Partners: advised on all financial services aspects, including applying for an AFSL, for this new investment bank whose entry into the investment banking market has been seen as a major disruption to the banking and finance landscape in Australia.
  • Ampol: regulatory and licensing advice on the establishment of a Future Energy division, including advice in respect of licensing requirements for carbon credits and electricity sales as well as inter-company services agreements.
  • Origin Energy: regulatory and licensing advice regarding the scope of its AFSL authorisations and any applicable exemptions in respect of the ability to deal in Australian carbon credit units (both on its own behalf and on behalf of other group entities).
Insights
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ASIC puts the brakes on defective PDS
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Australian Treasury consults on AFSL obligations for crypto-asset platforms
27 Oct 2023 | Article
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ASIC keeps up the pace with its third greenwashing proceeding against Active Super
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Further transitional relief for Foreign Financial Services providers
8 Aug 2023 | Article
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Peeking behind the screen: ASIC's second greenwashing proceeding should prompt action by financial product issuers
25 Jul 2023 | Article
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ASIC continues to bring down the hammer on greenwashing, so superannuation trustees should check their disclosures now
2 Mar 2023 | Article
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Australian Government releases final report of the Levy Quality of Advice Review
10 Feb 2023 | Article
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New Director Identification Number requirement for registered foreign companies
19 Sep 2022 | Article
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ASIC won’t “name and shame” in new breach reporting regime (for now) and pursues more industry consultation and guidance
18 Aug 2022 | Article
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ASIC extends transitional relief for Foreign Financial Services providers
4 Aug 2022 | Article
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ASIC's recent action against Lanterne highlights ASIC's increasing focus on the adequacy of risk management systems
4 Aug 2022 | Article
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ASIC imposes first DDO stop orders as it focuses on DDO compliance
29 Jul 2022 | Article
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New fee and cost disclosure requirements for superannuation and managed investment scheme products start 30 September
22 Jul 2022 | Article
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ASIC claims first scalp with "pump and dump" trader pleading guilty to market manipulation
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Managing cybersecurity risk – precedent ASIC enforcement action provides key learnings
26 May 2022 | Article
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Media Release: Clayton Utz claims over 200 spots in The Best Lawyers in Australia and inaugural 'Ones to Watch' 2023 Editions
21 Apr 2022 | Media Release
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ASIC puts finfluencers on notice
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Australian Treasury consults on proposed regulatory framework for crypto asset secondary service providers
31 Mar 2022 | Article
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FAR Bill receives endorsement to proceed
16 Feb 2022 | Article
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ASIC's new regulatory guidance on breach reporting for AFS and credit licensees commences 1 October
10 Sep 2021 | Article
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APRA confirms its expectations for RSE licensees with Your Future, Your Super reforms
3 Aug 2021 | Article
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Your Future is now: latest superannuation reforms pass Parliament
22 Jul 2021 | Article
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Breach Reporting: The Final Countdown
21 Jun 2021 | Article
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ASIC extends transitional relief for Foreign Financial Services providers
17 Jun 2021 | Article
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Budget 2021-2022: Foreign Financial Services pause on changes to regulation
13 May 2021 | Article
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Media Release: Clayton Utz advises on world's largest dedicated renewable energy fund
4 May 2021 | Media Release
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ASIC's new hardship relief for responsible entities of frozen funds
17 Sep 2020 | Article
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ASIC provides relief for litigation funders at the dawn of a new era
3 Sep 2020 | Article
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ASIC proceeding against AFS licensee for cyber and data security breaches may impact all licensees
24 Aug 2020 | Article
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ASIC issues warning to investment funds regarding advertising and disclosure
25 Jun 2020 | Article
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Litigation funders soon to require an Australian financial services licence
28 May 2020 | Article
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COVID-19 update: PDS considerations for product issuers and ASIC relief
16 Apr 2020 | Article
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COVID-19: APRA and ASIC provide advice to superannuation trustees in joint letter
16 Apr 2020 | Article
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Changes to the Australian financial services licence (AFSL) application and variation process
6 Apr 2020 | Article
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Australia unveils new licensing regime for foreign financial services providers, and transition starts soon
17 Mar 2020 | Article
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Financial Services Royal Commission - Exposure draft legislation briefing note
6 Feb 2020 | Document
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ASIC takes further product intervention power steps
5 Sep 2019 | Article
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ASIC starts dialogue on product intervention powers
11 Jul 2019 | Article
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ASIC seeks your views on Australia's proposed licensing framework for foreign financial services providers
4 Jul 2019 | Article
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Fees and costs disclosure regime in PDSs reviewed with further changes expected
2 Aug 2018 | Article
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ASIC's financial services licensing proposal for foreign financial services providers
29 Jun 2018 | Article
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ASIC extends focus on disruptive innovation - A move towards greater international co-operation
7 Dec 2017 | Article
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The Tribunal talks TPD
1 Sep 2017 | Article
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Compensation considerations
1 Aug 2017 | Article
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Dependency decisions
1 Jul 2017 | Article
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Administration affairs
1 Jun 2017 | Article
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Major changes on the way for Australian banking and financial services sector in the Federal Budget
10 May 2017 | Article
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Open data and mandatory comprehensive credit reporting on the way for banks and fintech?
9 May 2017 | Article
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Definitions and details
1 May 2017 | Article
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Miscommunication and misconduct
1 Feb 2017 | Article
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New guidance on digital disclosures for financial services consumers
30 Jul 2015 | Article
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