Kofman Legal

Regulatory investigations · Commercial disputes · International arbitration

Independent, by design.

For individuals and businesses whose matters demand real judgement.

Speak to us in confidence

Kofman Legal advises and represents individuals and businesses in ASIC investigations, regulatory enforcement, and commercial disputes spanning litigation before Australian courts and tribunals and arbitration in Australia and abroad. We bring regulatory insight, commercial judgement, and senior-level attention to every matter.

How can we help?

ASIC & Regulatory

ASIC investigations and enforcement

Experienced representation of individuals and businesses in ASIC investigations, compulsory examinations, and contested enforcement proceedings. We advise you from first notice through to resolution, drawing on direct experience of how the regulator builds and runs its matters.

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Commercial Disputes

Commercial disputes

We advise you in commercial and business disputes, including shareholder, contractual, director-liability and partnership matters, from urgent injunctive relief through to trial or settlement.

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International Arbitration

International arbitration

We run cross-border arbitrations under the major institutional rules, including ICC, SIAC, ACICA, HKIAC and UNCITRAL.

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Fraud & Scams

Fraud and scams

We act promptly to protect assets and pursue recovery. We act for both claimants and defendants.

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Crypto Disputes

Crypto disputes

We provide considered advice to crypto-native businesses and individuals navigating disputes and regulatory exposure.

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Privacy, Data & AI

Privacy, data, and AI

We give you practical guidance on privacy obligations, data-breach response, and the emerging AI regulatory landscape.

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Recent experience

  • Representing an individual in connection with an ASIC investigation into an unregistered managed investment scheme.
  • Representing a partner in a partnership dispute in the retail sector.
  • Advising a trustee in relation to a dispute following a share purchase agreement.
  • Representing an individual in connection with defamation allegations.
  • Representing an individual in connection with allegations of unauthorised use of intellectual property.
  • Advising on and negotiating a service agreement for a marketing agency.
  • Advising an individual in connection with a report of misconduct to ASIC and its subsequent investigation.
  • Advising an AFSL Licensee in relation to a variation application.
  • Representing an individual in an ASIC investigation concerning an ASIC Registered Agent.

Our Principal's selected experience

Regulatory investigations

Acted for ASIC in a criminal investigation into Maliver Pty Ltd and Melissa Caddick concerning alleged unlicensed financial services activity and misuse of investor funds, including urgent asset preservation orders, travel restraint orders, search warrant execution, and applications for receivers and provisional liquidators: Australian Securities and Investments Commission v Caddick [2021] FCA 1443.

The matter involved coordinated urgent applications across multiple fronts at once: freezing and preservation orders to secure assets, travel restraint orders, and the execution of search warrants, followed by applications for the appointment of receivers and provisional liquidators to protect investor funds pending the outcome of the criminal proceedings.
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Investment treaty arbitration

Acted for Energy Charter Treaty / ICSID award creditors in Federal Court enforcement proceedings against the Kingdom of Spain concerning awards of AUD 209 million and AUD 183 million: Eiser Infrastructure Limited v Kingdom of Spain [2020] FCA 157 and Infrastructure Services Luxembourg S.A.R.L & Anor v Kingdom of Spain [2019] FCA 1220.

Spain pleaded sovereign immunity from the jurisdiction of Australian courts. These were the first intra-EU Energy Charter Treaty awards enforced anywhere in the world. Work involved researching, developing argument and co-drafting the public international law submission that supported enforcement.
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International commercial arbitration

Acted in a pharmaceutical licensing dispute under ICC Rules, German law and a Frankfurt seat, with an amount in dispute exceeding USD 5 billion.

A cross-border licensing dispute of this scale required careful navigation of a foreign governing law within an ICC procedural framework, and management of the evidentiary and expert workstreams typical of high-value pharmaceutical IP and licensing disputes.
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View full experience

*includes experience prior to Kofman Legal

Why Kofman Legal

Strategic clarity and judgement under pressure.

Every matter starts with one question: what does a good outcome look like for you? We keep that answer in front of us for the life of the dispute. It sets the strategy, and it drives the smaller decisions along the way.

Our Principal Marina Kofman's experience in complex disputes and investigations involving novel legal questions shapes how we approach each matter. We test problems from first principles and look beyond conventional answers where the matter requires it. You receive the rigour, judgement and strategic capability of a top commercial firm, with direct access to the lawyer leading your matter.

We are independent. We hold no institutional relationships that could ever compete with your matter, so our advice answers to your interests alone.

We act in regulatory investigations, particularly ASIC, commercial litigation before Australian courts and tribunals, and domestic and international arbitrations.

Experience

Our Principal is dual-qualified in Australia and England and Wales, with extensive experience acting in regulatory investigations, commercial and cross-border disputes across leading firms, ASIC, and in-house in financial services.

Regulatory and arbitration depth

Close working knowledge of ASIC investigations and enforcement practice, built from experience inside ASIC enforcement teams and representing clients in ASIC matters. Experience conducting international arbitrations under ICC, HKIAC and UNCITRAL rules, and enforcing awards in the Federal Court of Australia.

How matters are run

Matters are run closely with you, our client. Strategy is considered early, advice is candid, and both are kept under review as the matter develops.

How we work

1
Initial discussion

A direct conversation with our Principal.

2
Assessment

We review the landscape, including facts, risks, and strategy options, and give you a clear picture.

3
Strategy & execution

A tailored approach executed by senior lawyers. Regular updates, no surprises on costs.

4
Resolution

Whether through negotiation, litigation or arbitration, we work toward the best achievable outcome.

Speak to us in confidence.

Tell us what's happening. We'll let you know how we can help.

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