Aparna Nanayakkara

Biography

Aparna is a partner our Disputes and Investigations group.

She specialises in complex regulatory investigations and enforcement actions, and has experience defending a number of high-profile civil penalty proceedings. Aparna also has significant experience in class actions, commercial disputes and advising on regulatory compliance.

As the former Chief of Staff (Legal) for Westpac, Aparna offers a detailed understanding of the corporate governance and risk management challenges faced by sophisticated clients and their directors and officers. She is adept at anticipating client needs and navigating internal and external stakeholder dynamics.

Experience

Aparna’s experience includes advising:

  • Nuix Limited in relation to multiple regulatory investigations, as well as the ASIC civil penalty proceedings regarding the company’s continuous disclosure obligations and alleged misleading and deceptive conduct. The hearing took place in November 2023.

  • Nuix Limited in relation to three overlapping class actions following its IPO in 2020 and subsequent market disclosures.

  • Block Earner (a crypto service provider) in relation to an ASIC investigation and subsequent enforcement action alleging that the company’s services were provided unlawfully as unlicensed financial products. The hearing took place in January 2024.

  • Westpac in relation to the proceedings brought by AUSTRAC, alleging more than 23 million breaches of anti-money laundering laws, including strategic advice regarding the claim and settlement as well as broader considerations for the bank, its directors and officers, regulatory engagement and compliance.

  • Vocation Limited in relation to a major ASIC investigation into the company’s market disclosure, and the defence of three separate shareholder class actions alleging misleading and deceptive conduct.

  • Former CEO of Vocation Limited in relation to civil penalty proceedings brought by ASIC alleging contraventions of the continuous disclosure regime, misleading and deceptive conduct and breach of directors' duties.

  • Westpac in its defence of the complex ASIC prosecution concerning alleged market manipulation of the Bank Bill Swap rate (BBSW). Westpac was the only bank which contested the allegations in Court.

  • Westpac’s General Manager, Chief Operating Officer and other senior stakeholders of the London Branch in relation to contingency planning for Brexit, management of financial and non-financial risk, the Senior Managers Regime and other areas of corporate governance and compliance.

  • Financial institutions and listed entities in relation to investigations into insider trading and market manipulation, continuous disclosure and other key provisions of the Corporations Act.

  • KPMG in the defence of an auditor negligence claim brought by the liquidators of Equititrust Limited.

  • News Limited regarding proceedings brought by the Special Purpose Liquidator of One.Tel in relation to claims of breaches of directors' duties.

  • PPB Advisory as receivers and managers of the $3.5bn Airport Link M7 toll road regarding operational and management issues, design and construction disputes, potential claims available and the conduct of a public examination process.