Summary
Overview
Work History
Education
Skills
References
Admissions
Activities
Languages
Certification
Timeline
Generic

Paul Callaghan

Turramurra,Australia

Summary

I am a commercial lawyer with extensive experience in the Australian superannuation, funds management, financial services and wealth management industries. My principal areas of practice have been in these areas, together with related corporate and commercial matters. Skills and experience include: Involvement in a wide range of trust matters and corporate and commercial transactions (including acquisitions and custody, administration, licensing and similar documents). Extensive practical and technical experience in all facets of Australian wealth management and financial services law. Advising Responsible Entities, trustees and insurers (and relevant boards), as well as service providers to regulated entities (such as administrators and custodians), and assisting in providing solutions to technical, regulatory and governance issues. Presentation and preparation of Board papers; the majority of these dealt with matters of some complexity and often involved the balancing of commercial considerations with the interests of members, shareholders or unitholders. This also involved the recording and evidencing the decisions of these entities by drafting of Minutes and resolutions. Extensive liaison with relevant Australian regulatory authorities in relation to prudential and compliance matters. Providing solutions to regulatory issues such as portability issues, SPS 230 and CPS 230 requirements. Drafting and adoption of Board Charters and policies and advising various governance bodies such as risk and compliance committees as to processes and procedures to be followed. Participation in continuing legal education programs as a presenter and various committees and industry working groups.

Overview

43
43
years of professional experience
1
1
Certification

Work History

Special Counsel

HWLE
12.2023 - 06.2024
  • In this role, I assisted Adeline Hiew of the Melbourne office in relation to various financial services regulatory matters
  • APRA regulatory requirements for life and general insurers;
  • Specifically, consideration of implications of CPS 230 for APRA-regulated entities;
  • Technology Services Agreements for superannuation entities;
  • General insurance distribution agreements;
  • Custody agreements;
  • Unit trust structures

Senior Legal Counsel, Customer Services Legal, Advice Legal

CBA
07.2022 - 11.2023
  • This was a fixed term contract role, terminating on 30 November 2023
  • In this role, I liaised closely with Group Super in relation to various superannuation and commercial matters
  • “Group Super” was the in-house corporate superannuation trust for the CBA Group
  • I was the internal legal adviser for the “successor fund transfer” under the relevant provisions of the Superannuation Industry (Supervision) Act 1993 and Regulations (Cth.) to the trustee of the Australian Retirement Trust

Executive Manager, Governance Advisory, Wealth Management Office of the Trustee

CBA/Colonial First State (CFS)
06.2021 - 06.2022
  • On secondment to Kensington Project for completion of trustee restructure project
  • This project completed on 15 June 2022

Senior Legal Consultant, Kensington Project

CBA
01.2021 - 06.2021
  • In this role, which was a fixed term contract role, I focused on intellectual property, contractual matters and most recently, the Trustee Restructure Project, where I was the main legal contact and lead for the incoming Trustee
  • This involved replacement of a CFS superannuation trustee entity, having more than one role, to a single role CFS entity

General Counsel and Company Secretary

Financial Services Council Ltd (FSC)
11.2015 - 10.2020
  • In this role, I was responsible for legal advice required by the FSC and overall management of risk
  • I also was responsible for a number of working groups including the following:
  • RG 97 Working Group
  • AFCA Working Group
  • Privacy Working Group
  • AML-CTF and Financial Crimes Working Group
  • Legal and Compliance Expert Group
  • I also had responsibility for the overall governance requirements for the Board of the FSC and various Board Committees
  • During my role with the FSC, I made many submissions on behalf of the FSC to Government and regulators, including:
  • Treasury
  • Department of Home Affairs
  • AUSTRAC
  • ATO
  • APRA, and
  • ASIC
  • I also was responsible for the FSC’s response to the Financial Services Royal Commission
  • This included responding to document requests and lodging submissions on request of the Commission

Senior Legal Counsel, Advice Review Program

Commonwealth Bank of Australia
12.2014 - 07.2015
  • I assisted the business and primary external legal advisers (Clayton Utz and Henry Davis York) to the program
  • Matters included:
  • Review of assessed claims as an adviser to assessment review committee
  • Governance issues
  • Ad hoc legal advice
  • Methodology and process

Senior Legal Counsel, Wealth Management Legal (CFS Legal)

Commonwealth Bank of Australia
05.2013 - 11.2014
  • During this time, I worked on a variety of legal matters and projects, including:
  • Amending agreements to comply with outsourcing standards
  • APRA liaison and advice in relation to portability issues
  • Various FoFA advices
  • Trust Deed advice
  • Disclosure documents
  • Advice in relation to regulatory reform issues

Senior Legal Counsel

Financial Services Council (FSC)
04.2012 - 05.2013
  • I was engaged to assist in the preparation of new and revised standards and guidance notes for FSC members as a result of legislative changes such as MySuper and FoFA

Legal Counsel

BT Legal Sydney
10.2010 - 03.2012
  • I assisted BT in the following matters:
  • Acting as a general resource for the wider wealth management legal group
  • Financial services- including the consideration of various issues in relation to disclosure documents
  • Superannuation, including:
  • Considering issues related to successor fund transfers including equivalence in the context of FITBs
  • Advising as to mistake concepts in relation to contributions and the appropriate trustee response
  • Liaising with risk and compliance groups in relation to matters such as FSGs and SPDSs
  • Preparing associated board papers for advice given and suggested courses of action
  • General Commercial- for example responding to ASIC notices and reviewing proposals in relation to the marketing of products

Legal Consultant (self-employed)

01.2009 - 09.2010
  • This was subject to a three-month contractual period as a ‘casual employee’ with Mercer (as mentioned above)
  • Examples of matters dealt with include:
  • Financial services – advising in relation to a proposed merger
  • Superannuation- advising and reviewing in relation to legal and regulatory issues emerging from a complex successor fund transfer
  • General Commercial – advising in relation to charitable trusts, permitted activities (corporate and revenue law issues)

Legal Counsel- Mercer Trust

Mercer (Aust.) Pty Ltd
03.2010 - 06.2010
  • Financial Services- e.g., considering the various regulatory and other implications of proposed restructures
  • Superannuation- e.g., considering various legislative amendments to the superannuation regime, the considering of and advising in relation to proposed product enhancements and preparing associated Board papers
  • General Commercial- e.g., reviewing proposals in relation to the marketing of products, responding to ASIC notices

Partner (Superannuation and Funds Management group)

Maddocks (Sydney)
11.2006 - 12.2008
  • Financial Services- advising in relation to financial services and products arising under Chapters 2L, 6D and 7 of the Corporations Act and advising overseas entities in terms of Australian financial services regulatory issues
  • Superannuation- advising on regulatory issues for superannuation entities (including SMSFs, PSTs and ERFs), advising as to various tax and regulatory implications of the Better Super regime (to both trustees and employers) and acting and advising to a number of complex ‘successor fund transfer’ projects
  • General Commercial- advising on the implications of anti-money laundering and counter-terrorism financing legislation and rules and liaison with AUSTRAC and advising Mercer and acting in relation to a stand-alone investment held for a client plan

Special Counsel

Minter Ellison (Sydney)
03.2004 - 11.2006
  • Financial Services- e.g., advising in relation to ‘badging’ and similar agreements
  • Superannuation- e.g., acting for Law Industry Superannuation Trust on a merger to create Australia’s largest superannuation fund for the legal profession, LegalSuper
  • Advice was also given to the Department of Finance and Administration (DoFA) in relation to various items of superannuation related legislation administered by DoFA
  • General Commercial- advising in terms of charitable trusts and various employment-law matters (superannuation aspects)

Partner

Ernst & Young Law
12.2000 - 12.2003

Partner

Clayton Utz
01.1989 - 11.2000

Articled Clerk, Solicitor, Senior Associate

Clayton Utz
01.1982 - 12.1988

Education

Master of Laws (Hons) -

University of Sydney
01.1987

Bachelor of Laws (Hons) -

University of Queensland
01.1982

Bachelor of Arts -

University of Queensland
01.1980

Skills

  • Legal Advisory
  • Legal Analysis
  • Legal writing
  • Legal Research
  • Corporate Law
  • Business law
  • Legal Compliance
  • Case interpretation
  • Contract Negotiation

References

Details can be provided on request.

Admissions

  • Solicitor, Supreme Court of Queensland, 1984
  • Barrister and Solicitor, High Court of Australia, 1986
  • Barrister and Solicitor, Supreme Court of Western Australia, 2000
  • Legal Practitioner (Roll of Solicitors), Supreme Court of New South Wales, 2000
  • Notary Public, Supreme Court of New South Wales, 2007

Activities

  • Contributing editor for over 6 years of the Australian Encyclopaedia of Forms and Precedents- Superannuation title.
  • Contributed to a wide range of leading professional journals.
  • Member of the Law Society, NSW.
  • Notary Public.

Languages

French
Limited

Certification

  • Barrister and Solicitor of the High Court
  • Australian Legal Practitioner

Timeline

Special Counsel

HWLE
12.2023 - 06.2024

Senior Legal Counsel, Customer Services Legal, Advice Legal

CBA
07.2022 - 11.2023

Executive Manager, Governance Advisory, Wealth Management Office of the Trustee

CBA/Colonial First State (CFS)
06.2021 - 06.2022

Senior Legal Consultant, Kensington Project

CBA
01.2021 - 06.2021

General Counsel and Company Secretary

Financial Services Council Ltd (FSC)
11.2015 - 10.2020

Senior Legal Counsel, Advice Review Program

Commonwealth Bank of Australia
12.2014 - 07.2015

Senior Legal Counsel, Wealth Management Legal (CFS Legal)

Commonwealth Bank of Australia
05.2013 - 11.2014

Senior Legal Counsel

Financial Services Council (FSC)
04.2012 - 05.2013

Legal Counsel

BT Legal Sydney
10.2010 - 03.2012

Legal Counsel- Mercer Trust

Mercer (Aust.) Pty Ltd
03.2010 - 06.2010

Legal Consultant (self-employed)

01.2009 - 09.2010

Partner (Superannuation and Funds Management group)

Maddocks (Sydney)
11.2006 - 12.2008

Special Counsel

Minter Ellison (Sydney)
03.2004 - 11.2006

Partner

Ernst & Young Law
12.2000 - 12.2003

Partner

Clayton Utz
01.1989 - 11.2000

Articled Clerk, Solicitor, Senior Associate

Clayton Utz
01.1982 - 12.1988

Master of Laws (Hons) -

University of Sydney

Bachelor of Laws (Hons) -

University of Queensland

Bachelor of Arts -

University of Queensland
Paul Callaghan