Mawhinney faces retrial after 20-year ban is overturned

Liam Walsh and Jonathan Shapiro

Sep 15, 2022 – 4.02pm

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Investment spruiker James Mawhinney’s 20-year fundraising ban has been overturned after the Federal Court said the Australian Securities and Investments Commission’s case against him lacked “procedural fairness”.

The court ordered a retrial of ASIC’s case, which means that Mr Mawhinney faces another Federal Court hearing and a temporary injunction from August 2020 has been reinstated, which prevents him from soliciting funds, advertising or promoting a financial product.

Liam Walsh writes on investigations and companies with The Australian Financial Review. He has won multiple media awards, worked in Japan and is now based in Brisbane.

Jonathan Shapiro writes about banking and finance, specialising in hedge funds, corporate debt, private equity and investment banking. He is based in Sydney.