FMPE investors should have a voice in the current legal process involving ASIC vs Gregory Cotton and FMPE.
This page has been created by a group of investors wanting to have a voice in the Federal Court. Case Number VID 1053/2025 ASIC vs Gregory Raymond Cotton & FMPE Pty Ltd.
This Website Last Updated : Saturday 29 November 7.30am.
Updated Court Hearing Date : Court is processing documents to move date from 2 December to a later date in December 2025.
Who We Are
We are a working group of FMPE investors who have come together to voice our concerns to the Federal Court.
Our group has nominated three representatives—Stefan, David and Ferne—to speak on behalf of participating investors in court proceedings.
We are not acting as lawyers or professional advocates. We are ordinary investors like you who decided our voices needed to be heard.
While each of our representatives brings corporate business and professional expertise to this effort, we are acting in our capacity as individual investors.
We’re using our skill sets to represent your interests professionally with clarity and purpose.
On behalf of the FMPE investor working group and its participating investors
Stefan, David and Ferne
What We Are Not
❌
NOT
Representing all FMPE investors
We can only represent the views of the investors who join this group and want to oppose the appointment of a receiver/administrator/liquidator.
❌
NOT
Asking for Money
This is a volunteer effort. No fees. No membership costs. Any costs we are incurring is being absorbed by the representatives at this stage.
Our Principle
"We want a say in what happens to our money."
This principle guides everything we do. We’re not here to assign blame.
We’re here to protect investor interests and ensure our voices are heard.
Court Action Was Scheduled for 2 December 2025
Court is processing documents to shift date from 2 December to a later date in December..
THIS INFORMATION UPDATED 28 NOVEMBER 2025 7.30am
We’ve submitted an application to the Federal Court to:
STEP 2: Present our case to the court
- Oppose receivership and liquidation of assets
- Lift the Freezing Order so FMPE can resume activities
STEP 1: Establish our voice in the proceedings
✓ Apply as a non-party to be heard in court (achieved)
✓ No objection from ASIC (achieved)
✓ No objection from FMPE (achieved)
✓ Court order formalising our involvement (achieved)
✓ Approved to have access to non-confidential ASIC material (achieved)
- Immediate Next Steps for the FMPE Investment Working Group:
Update court with additional participants – your voice can be added to give further strength to the group.
Prepare submission (what is said by David, Stefan, Ferne on your behalf) this will in part utilise insights from questionnaires
The Current Situation
ASIC’s action has frozen FMPE operations, preventing investors from accessing their funds.
A Federal Court hearing is scheduled for December 2, 2025, where ASIC is seeking to appoint a receiver or administrator.
(if this date alters this page will be updated)
Without investor representation, decisions about your money will be made without the interest of the investor being voiced.
We believe investors deserve to be heard. Our perspective matters.
How to Participate
Watch our webinar from November 17, 2025, where we explain our strategy, answer questions.
This is not searchable on YouTube it is available via a private link.
FMPE Investor Working Group – Principle, Objectives, Actions
(minor wording amendments as you will see on this website since webinar)
Get Involved
You have two options:
OPTION 1: ACTIVE PARTICIPANT
Add your voice and weight to our combined court application.The more people who are represented, the more significance our submission will have with the court.
Refer to FAQs for any questions you may have. Join now takes you to online forms.
Your name will be listed as a participating investor in our court application.
We are keeping this option available until the Court confirms a new date. When they confirm the new date we will update the time period to cut off.
OPTION 2: OBSERVER
Stay informed without actively participating.
Receive updates about court proceedings and outcomes without being listed as a participant.
Whatever the Federal Court decides relating to FMPE, all investors are treated as one.
More questions? Feel free to send us an email.
Important Information
CONFIDENTIALITY
When you share information with us, we treat it confidentially. We will only use it for the specific purpose of the court process. We have processes in place so that it is only accessed on a need-to-know basis and all information will be securely deleted once it is no longer required.
If you choose to participate and provide information, please be assured that only aggregated information is presented to the Court, with the exception of the entity contracted with FMPE. For example, we combine individual investment amounts into a total aggregate figure.
All information provided to this working group, you, is private. Please do not forward or share any of our communications outside the investor community. If you believe someone should receive communications, ask them to email info@FMPEInvestor.com.
NO GUARANTEES
We cannot promise or predict the outcome of the court process.
What we can promise is that we are representing investor interests and working hard to achieve the best possible result for everyone involved.
STRENGTH IN NUMBERS
The more investors who participate, the stronger our collective position becomes.
Your involvement helps ensure investors have a clear and united voice.
TRANSPARENCY
We are committed to keeping all participants and observers fully informed.
You will receive updates so you always know what is happening and what to expect next.
If you feel like anything is left unanswered, email us at info@FMPEinvestor.com.
Frequently Asked Questions
Who can participate?
Any investor who has a contractual agreement with First Mutual Private Equity (ABN 18 591 200 406) can participate.
What does participation involve?
If you choose to actively participate, you authorise our representatives to speak on your behalf at the court hearing. Your name will be listed in court documents as a participating investor.
What am I NOT doing by participating?
You are NOT giving up any rights, agreeing to financial liability, committing to ongoing obligations, or paying any fees.
Can I participate if I'm part of another investor communication group relating to this situation?
Yes, but you must maintain strict confidentiality about the information you provide if you participate.
What if I just want to stay informed without actively participating?
That’s completely fine. You can remain an “observer” and receive updates without being listed as a participant in the court application.
Is there a cost to participate?
No. Absolutely not. We are not asking for money, membership fees, or any financial contribution. This is a volunteer effort by investors.
Can I join after the initial court submission?
Yes. We can apply to add participants before the hearing scheduled for December 2. We will take applicants up to end of day Wednesday 26th November.
What happens on December 2?
The Federal Court hearing takes place. Our representatives, will voice our views alongside ASIC and FMPE’s legal teams. The judge will hear all sides and make decisions.
Will my personal information be kept private?
If you choose to participate, your name will appear on court documents if you actively participate (this is public record). However, your investment details such as the amount will remain confidential the court will only be provided the aggregate of the entire participation group. The name of your legal entity which has a contract with FMPE is listed in court documents.
What if the court appoints a receiver?
We will assess options and seek input from the participants.
How do I know this group is legitimate?
All our court documents are filed with the Federal Court (Case Number VID 1053/2025) and are matters of public record. You can verify our involvement in the court process by going to www.comcourts.gov.au. You register then use the case number VID 1053/2025. (you will see Stefan, David and Ferne listed, although the Courts have misspelt Ferne’s name to Ferna).
Timeline updated 27 Nov, 10am
Contact Us
Email: info@fmpeinvestor.com
For questions, concerns, or to request more information.
Please note .. by clicking any of the buttons above – you will receive an automated email, if it does not arrive please check your spam or junk folders.
FMPE Investor Working Group
This is an independent volunteer effort by FMPE investors to protect investor interests.
We are not affiliated with legal firms or organisations.
Federal Court : Case Number VID 1053/2025
ASIC v Gregory Raymond Cotton & FMPE Pty Ltd
DISCLAIMER: This digital page provides information only. It is not legal or financial advice.
We encourage all investors to seek independent legal and financial advice before making any decisions.