The Australian Securities & Investments Commission has obtained final Federal Court restraint orders against Mayfair 101 Group director James Mawhinney, preventing him for a further 15 years from promoting or raising funds in connection with financial products after the Court found an unacceptable risk he would re-enter the sector and operate in a financially reckless manner. Justice Button ordered that Mr Mawhinney be restrained from receiving or soliciting funds in connection with any financial product and from advertising, promoting or marketing any financial product. The final orders bring the total period of injunctions to 20 years, reflecting interim restraint orders in place since 13 August 2020. The Court found the operations run by Mr Mawhinney exposed investors to an obvious and substantial risk of loss that materialised, and cited concerns including failure to properly consider how obligations to investors would be met, failure to disclose material risks, and the use of misleading marketing material. The Court declined to restrain Mr Mawhinney from removing or transferring from Australia any assets acquired directly or indirectly with funds received in connection with any financial product. The Court will determine costs at a later date after written submissions. The relief follows a 9 July 2025 finding that Mr Mawhinney was involved in or associated with multiple contraventions by Mayfair 101 Group companies, after an earlier 20-year restraint order made on 19 April 2021 was overturned on appeal on 15 September 2022 and remitted for a further hearing heard between October 2024 and February 2025.
Australian Securities & Investments Commission 2025-09-05
Australian Securities & Investments Commission secures 15-year Federal Court injunctions barring James Mawhinney from promoting or raising funds through financial products
The Australian Securities & Investments Commission secured final Federal Court orders against Mayfair 101 Group director James Mawhinney, barring him for 15 more years from promoting or raising funds related to financial products due to financially reckless conduct. This extends the injunction period to 20 years, following interim orders since August 2020. The Court cited substantial investor risk, misleading marketing, and inadequate risk disclosure but did not restrain Mawhinney from transferring assets abroad.