Lawyers alarmed by Hayne inquisition

Original article by Misa Han
The Australian Financial Review – Page: 34 : 25-May-18

There are suggestions that the banking royal commission lacks procedural fairness, both for companies and individuals that appear before it. Dr Matt Collins, who is the ANZ Bank’s chief counsel and president of the Victorian bar, notes that the rules of evidence that apply in a normal court do not apply in a royal commission, and this means that some of the evidence given before the commission can be unreliable. Grant Hoole from the Gilbert + Tobin Centre of Public Law at the University of New South Wales says witnesses before a royal commission who are facing serious allegations should have the right to be questioned by their own counsel, for the sake of fairness.

CORPORATES
AUSTRALIA. ROYAL COMMISSION INTO MISCONDUCT IN THE BANKING, SUPERANNUATION AND FINANCIAL SERVICES INDUSTRY, UNIVERSITY OF NEW SOUTH WALES, GILBERT AND TOBIN LAWYERS, HENDERSON MAXWELL PTY LTD

Bank’s conduct unconscionable

Original article by Ben Butler
The Australian – Page: 19 & 23 : 25-May-18

Westpac faces a maximum fine of $A3.3m after the Federal Court upheld three unconscionable conduct charges with regard to the bank bill swap rate. However, the court ruled that the trades did not amount to market manipulation. Westpac would have faced penalties of up to $A2bn under revised laws that took effect after the offences in question. Its three major rivals had agreed to out-of-court settlements with the Australian Securities & Investments Commission over allegations of unconscionable conduct.

CORPORATES
WESTPAC BANKING CORPORATION – ASX WBC, FEDERAL COURT OF AUSTRALIA, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, COMMONWEALTH BANK OF AUSTRALIA – ASX CBA, NATIONAL AUSTRALIA BANK LIMITED – ASX NAB, AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED – ASX ANZ

Westpac filled forms with false details

Original article by Ben Butler, Elizabeth Redman
The Australian – Page: 17 & 21 : 23-May-18

Westpac’s loan practices continued to attract scrutiny by the banking royal commission on 22 May, in the wake of revelations regarding the bank’s handling of a case in which a blind woman had acted as a guarantor. Westpac executive Alastair Welsh told the inquiry that the bank’s employees have been known to enter false information into loan documentation. He also conceded that the procedures Westpac follows in assessing whether a guarantor is likely to gain any financial benefit are more "form than substance".

CORPORATES
WESTPAC BANKING CORPORATION – ASX WBC, AUSTRALIA. ROYAL COMMISSION INTO MISCONDUCT IN THE BANKING, SUPERANNUATION AND FINANCIAL SERVICES INDUSTRY, FINANCIAL OMBUDSMAN SERVICE LIMITED, NEW SOUTH WALES LEGAL AID COMMISSION

Wage woes a boon for investors, says Tevfik

Original article by David Rogers
The Australian – Page: 27 : 23-May-18

The S&P/ASX 200 has fallen by an average of 4.3 per cent during May and June over the last decade, and the current trend suggests that it will be trading at around 5,724.8 points by the end of June. However, Hasan Tevfik of Credit Suisse still expects it to reach 6,500 points by the end of 2018. He says corporate profit margins – and in turn share prices – should benefit from expectations that wages growth will remain subdued. Lack of growth in wages will also affect the timing of any rise in official interest rates, which Credit Suisse does not expect until about mid-2019.

CORPORATES
STANDARD AND POOR’S ASX 200 INDEX, CREDIT SUISSE (AUSTRALIA) LIMITED, BLUESCOPE STEEL LIMITED – ASX BSL, AUTOMOTIVE HOLDINGS GROUP LIMITED – ASX AHG, HARVEY NORMAN HOLDINGS LIMITED – ASX HVN, VICINITY CENTRES – ASX VCX

Bank confessions reach new lows

Original article by James Frost
The Australian Financial Review – Page: 1 & 4 : 22-May-18

The banking royal commission is currently examining small business lending, with public hearings on the issue commencing on 21 May. Counsel assisting the commission read out a summary of admissions of poor behaviour in this area from various banks, including a confession from the Bank of Queensland that it had been charging corporate loan customers the wrong interest rates and fees. The commission was told that 87 per cent of loans to small businesses are secured by real estate.

CORPORATES
AUSTRALIA. ROYAL COMMISSION INTO MISCONDUCT IN THE BANKING, SUPERANNUATION AND FINANCIAL SERVICES INDUSTRY, BANK OF QUEENSLAND LIMITED – ASX BOQ, SUNCORP GROUP LIMITED – ASX SUN, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, COMMONWEALTH BANK OF AUSTRALIA – ASX CBA, WESTPAC BANKING CORPORATION – ASX WBC, NATIONAL AUSTRALIA BANK LIMITED – ASX NAB, AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED – ASX ANZ, AUSTRALIAN BANKERS’ ASSOCIATION

Westpac in hot seat over business lending

Original article by James Frost, James Eyers, Edmund Tadros
The Australian Financial Review – Page: 1 & 6 : 21-May-18

The banking royal commission’s third round of hearings will focus on loans by banks to small and medium businesses. The hearings are expected to examine issues such as unfair contracts, what defines a small business and the banking code of practice. Australian Banking Association CEO Anna Bligh is among the witnesses who are scheduled to appear before the inquiry, while Westpac is expected to come under attack over its lending practices to small businesses.

CORPORATES
AUSTRALIA. ROYAL COMMISSION INTO MISCONDUCT IN THE BANKING, SUPERANNUATION AND FINANCIAL SERVICES INDUSTRY, AUSTRALIAN BANKERS’ ASSOCIATION, WESTPAC BANKING CORPORATION – ASX WBC, AMP LIMITED – ASX AMP, CAMERON RALPH PTY LTD, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, SUNCORP GROUP LIMITED – ASX SUN, CUSTOMER OWNED BANKING ASSOCIATION, NATIONAL AUSTRALIA BANK LIMITED – ASX NAB, COMMONWEALTH BANK OF AUSTRALIA – ASX CBA, AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED – ASX ANZ

ASIC chair vows tougher action

Original article by Andrew White
The Australian – Page: 19 & 30 : 18-May-18

Australian ­Securities & Investments Commission chairman James Shipton has confirmed that he is seeking additional funding from the Federal Government, after it backtracked on a decision to reduce ASIC’s budget. Shipton also says ASIC will fully utilise the new powers that it has been granted by the government, with the financial services sector to be a particular focus. He says the actions of financial services providers have created a "trust deficit", and the sector must work hard to overcome this.

CORPORATES
AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, AUSTRALIA. DEPT OF THE TREASURY, AUSTRALIAN COUNCIL OF SUPERANNUATION INVESTORS INCORPORATED, AMP LIMITED – ASX AMP, COMMONWEALTH BANK OF AUSTRALIA – ASX CBA

Surging bond yields to test stock bulls’ mettle

Original article by David Rogers
The Australian – Page: 30 : 18-May-18

The yield on US 10-year government bonds peaked at a new seven-year high of 3.12 per cent in Asian trading on 17 May. Given the low level of sharemarket volatility at present, there is the potential for a correction, as was the case in February when the bond yield rose to 2.9 per cent. A growing number of market watchers are advising investors to retain overweight positions with regard to equities in the current environment, while Ric Deverell of Macquarie Group expects the 10-year bond yield to rise toward four per cent in the medium-term.

CORPORATES
MACQUARIE GROUP LIMITED – ASX MQG, STANDARD AND POOR’S 500 INDEX, UNITED STATES. FEDERAL RESERVE BOARD, MORGAN STANLEY AND COMPANY INCORPORATED, STANDARD AND POOR’S ASX 200 INDEX, TELSTRA CORPORATION LIMITED – ASX TLS, TREASURY WINE ESTATES LIMITED – ASX TWE, BRAMBLES LIMITED – ASX BXB, CSL LIMITED – ASX CSL, BLOOMBERG LP, EUROPEAN CENTRAL BANK

Super funds slam short term banks

Original article by Michael Roddan
The Australian – Page: 17 & 21 : 17-May-18

Institutional investors want directors and executives of Australia’s banks to be more accountable in the wake of the banking royal commission. AustralianSuper’s chief investment officer Mark Delaney says the major banks have been too focused on short-term profits, although he notes that this has changed in the last two years. UniSuper chief investment officer John Pearce says the findings of two recent Australian Prudential Regulation Authority investigations have been more damning than the royal commission’s revelations.

CORPORATES
AUSTRALIA. ROYAL COMMISSION INTO MISCONDUCT IN THE BANKING, SUPERANNUATION AND FINANCIAL SERVICES INDUSTRY, AUSTRALIANSUPER PTY LTD, UNISUPER LIMITED, AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY, IFM INVESTORS PTY LTD, FIRST STATE SUPER, REST SUPER PTY LTD, COMMONWEALTH BANK OF AUSTRALIA – ASX CBA, WESTPAC BANKING CORPORATION – ASX WBC, NATIONAL AUSTRALIA BANK LIMITED – ASX NAB, AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED – ASX ANZ, AMP LIMITED – ASX AMP, COCA-COLA AMATIL LIMITED – ASX CCL, BLOOMBERG LP

Bond proxies and dollar feel pinch as US yields surge to seven-year high

Original article by David Rogers
The Australian – Page: 17 & 28 : 17-May-18

The Australian dollar has fallen below $US0.75 after the yield on US 10-year government bonds peaked at 3.09 per cent, the highest level in seven years. This in turn prompted a sell-off of Australian-listed bond proxy stocks on 16 May, despite the local sharemarket posting a slight gain for the day. Hasan Tevfik of Credit Suisse expects global bond yields to rise further, and notes that Australian government bonds have a lower risk profile at present due to factors such as the nation’s low official interest rates.

CORPORATES
CREDIT SUISSE (AUSTRALIA) LIMITED, PACIFIC INVESTMENT MANAGEMENT COMPANY LLC, VANGUARD INVESTMENTS AUSTRALIA LIMITED, AUSTRALIANSUPER PTY LTD, BLOOMBERG LP, UNITED STATES. FEDERAL RESERVE BOARD, UNITED STATES. EXECUTIVE OFFICE OF THE PRESIDENT, STANDARD AND POOR’S ASX 200 INDEX, TRANSURBAN GROUP LIMITED – ASX TCL, SYDNEY AIRPORT – ASX SYD, SPARK INFRASTRUCTURE GROUP – ASX SKI, APA GROUP – ASX APA, MIRVAC GROUP – ASX MGR, DEXUS RENTS TRUST, GPT GROUP – ASX GPT