Simon Carrodus

Partner

Simon is known for his infectious personality and the energy he brings to solving problems for his clients. Simon has seen the financial services industry from many angles, having worked for ASIC, a fund manager, a big 4 bank and a leading law firm.

Simon is a regulatory specialist who often acts for clients under investigation by ASIC. His clients are typically financial services businesses that hold or operate under an AFS licence, or wish to obtain an AFS licence. Simon also advises on AFCA complaints, transactions (e.g. selling client book, buying AFSL), contracts and disputes.

Simon has deep technical expertise from decades spent liaising with ASIC and AFCA, managing disputes, drafting contracts and negotiating complex transactions. Simon sits on the Regulatory Committee of the Institute of Managed Account Professionals, the Advisory Board to Professional Planner and the Financial Services Committee of the Law Council of Australia.

Prior to joining Hamilton Locke, Simon was a Director at The Fold Legal, which merged with Hamilton Locke on 1 September 2022. Simon has also worked at the Commonwealth Bank of Australia, Russell Investments and the Australian Securities & Investment Commission (ASIC).

AREAS OF EXPERTISE

ASIC Investigations; Regulatory Advice; AFCA Complaints; MDAs & SMAs; Privacy and Cybersecurity; Disputes; Transactions; Due Diligence.

AWARDS

Lawyers Weekly, Partner of the Year Awards, Financial Services Partner of the Year, Winner, 2024
Client Choice Awards, Best Law & Related Services Specialist Firm (>$30m) – Banking & Finance, 2020, 2022
Client Choice Awards, Best Law & Related Services Specialist Firm (>$30m) – Insurance, 2021 – 2022
Chambers and Partners, Asia-Pacific Guide, Financial Services Regulation, Ranked Firm, Band 4, 2020 – 2022
Chambers and Partners, Fintech Legal Guide, Ranked Firm, Band 2, 2019 – 2022
Fintech Australia, Finnies Award, ‘Excellence in support Services’, 2022

QUALIFICATIONS

Bachelor of Laws – Monash University
Bachelor of Commerce – Monash University
Graduate Certificate of Taxation – Monash University
Graduate Diploma of Applied Finance – Kaplan
RG146 Managed Investments and Securities – Kaplan
Admitted to practice in Victoria, New South Wales and Queensland

SELECTED REPRESENTATIONS

Advised moneyGPS on the design, implementation and distribution of their proprietary digital advice offering, including process flow, disclosure documentation and risk management.
Acted for Kalkine in relation to ASIC investigation, including responding to section 33 and section 912C notices and attending section 19 examinations with key staff.
Acted for former director in relation to appeal to AAT against ASIC banning order.
Acted for Professional Wealth Management Services in relation to ASIC investigation, section 920A banning notice and section 915C licence cancellation notice.
Advised FIIG in relation to cyber incident response and regulator engagement.
Acted for Henderson Maxwell in relation to ASIC investigation, section 920A banning notice and ASIC criminal proceedings.
Advised Diverger on a range of financial services regulatory issues including licensing, disclosure, managing conflicts, breach reporting and complaints.
Advised Lifespan Financial Planning on a range of regulatory issues including MDAs, disputes, complaints, regulatory enquiries and conflicts.
Acted for Poynter Hargraves in relation to ASIC investigation and licence conditions project.
Acted for Premier Wealth in relation to section 920A banning notice and section 915C licence cancellation notice.
Advised Elston on a range of regulatory issues including MDAs, conflicts, breach reporting and complaints.
Advised Oracle Advisory Group on a range of regulatory issues including MDAs, SMAs, managing conflicts, group restructure, platform relationships and client disclosure.
Advised LMS Energy on regulatory issues including AML-CTF, licensing, key person conditions and client disclosure.
Advised Oaktree Capital on a due diligence project in relation to the potential acquisition of a diversified financial services licensee.
Advised Invest Blue on a due diligence project in relation to the acquisition of an AFS licence.
Advised MSC Group on a due diligence project in relation to the acquisition of large financial services group.
Advised Diverger on due diligence project in relation to merger with Count.
Advised Pioneer Wealth on sale of insurance client book and referral arrangement.
Advised Favero Financial Services on sale of client book.
Advised Horsey Jameson Bird in relation to business structure and regulator engagement.
Acted for Your Private Wealth in relation to ASIC investigation and restructure of business.