COMPENSATION (LAW) – AUSTRALIA

NAB pays out $6.5m for poor advice

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Original article by Michael Roddan
The Australian – Page: 23 : 29-Sep-16

National Australia Bank has revealed that it paid $A6.5 million in compensation to customers who received poor financial advice over the past 18 months. NAB’s head of consumer banking and wealth management, Andrew Hagger, said a significant investment had been made in the bank’s complaints resolution system. The Commonwealth Bank has stated that a third of its compensation scheme was completed in June 2016.

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

7-Eleven dumps independent back-pay panel

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Original article by Adele Ferguson, Sarah Danckert
The Age – Page: 3 : 12-May-16

Allan Fels is concerned that employees who were underpaid by 7-Eleven may not be fully compensated after the convenience store chain moved to disband the independent panel that was established to assess compensation claims. Fels and fellow panel member David Cousins have been advised that 7-Eleven will now handle compensation claims in-house. Fels says the move is aimed at minimising the amount of compensation 7-Eleven must pay.

CORPORATES
7-ELEVEN STORES PTY LTD, DELOITTE TOUCHE TOHMATSU LIMITED, FAIRFAX MEDIA LIMITED – ASX FXJ, AUSTRALIAN BROADCASTING CORPORATION, AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

J&J to pay $250m for bad hip joints

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Original article by Marianna Papadakis
The Australian Financial Review – Page: 7 : 1-Apr-16

Johnson & Johnson has reached a conditional agreement with lawyers representing 1,700 Australians who allegedly suffered adverse health effects related to hip replacements. The pharmaceutical and medical devices group agreed to pay $A250 million to settle the case. The class action settlement is yet to be approved by Federal Court.

CORPORATES
JOHNSON AND JOHNSON, DEPUY AUSTRALIA, SHINE LAWYERS, MAURICE BLACKBURN PTY LTD, FEDERAL COURT OF AUSTRALIA

IOOF pays out compensation to 57 clients

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Original article by Adele Ferguson, Sarah Danckert
The Australian Financial Review – Page: 14 : 7-Jul-15

IOOF CEO Chris Kelaher will appear before a Senate committee on 7 July 2015 to answer questions over allegations of misconduct at the financial services group. Meanwhile, IOOF has indicated that 57 clients have been paid a total of $A2.8m in compensation since mid-2013, after lodging complaints about its financial planners. A number of IOOF’s authorised financial planners have also been banned from working in the sector during the last decade.

CORPORATES
IOOF HOLDINGS LIMITED – ASX IFL, AUSTRALIAN WEALTH MANAGEMENT LIMITED, COMMONWEALTH BANK OF AUSTRALIA – ASX CBA, NATIONAL AUSTRALIA BANK LIMITED – ASX NAB, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, CONSULTUM FINANCIAL ADVISERS PTY LTD, MFS PREMIUM INCOME FUND, MY ADVISER PTY LTD, BRIDGES FINANCIAL SERVICES PTY LTD, PLAN B FINANCIAL SERVICES LIMITED, LONSDALE FINANCIAL GROUP LIMITED, ORD MINNETT GROUP LIMITED, THE WEALTH MANAGERS

ASIC used legal powers to extract NAB information

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Original article by Clancy Yeates
The Australian Financial Review – Page: 14 : 26-Feb-15

The corporate regulator is reviewing compensation paid to clients of National Australia Bank who received inappropriate financial advice. Greg Medcraft, the chairman of the Australian Securities & Investments Commission, said on 25 February 2015 that the regulator asked the bank for more information about compensation. The bank paid between $A10 million and $A15 million to aggrieved customers

CORPORATES
NATIONAL AUSTRALIA BANK LIMITED – ASX NAB, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, AMP LIMITED – ASX AMP, MACQUARIE GROUP LIMITED – ASX MQG

Untreated trauma costs $9.1b a year: report

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Original article by Rachel Browne
The Sydney Morning Herald – Page: 5 : 4-Feb-15

A new study by Pegasus Economics states that the annual loss to the Australian economy stemming from unresolved childhood trauma after sexual abuse is $A9.1bn. The four issues of alcohol abuse, mental illness, obesity, and suicide or attempted suicide were looked at in the research, commissioned by the Adults Surviving Child Abuse lobby group for its 2015 Budget submission to the Federal Government. Meanwhile the Royal Commission into Institutional Responses to Child Sexual Abuse estimates the cost over a decade of a redress scheme for victims at $A4.3bn

CORPORATES
ADULTS SURVIVING CHILD ABUSE, AUSTRALIA. ROYAL COMMISSION INTO INSTITUTIONAL RESPONSES TO CHILD SEXUAL ABUSE, PEGASUS ECONOMICS

Judges slam Victorian govt on gambling reform

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Original article by Jessica Gardner
The Australian Financial Review – Page: 15 : 5-Dec-14

Tabcorp and Tatts were in 1994 granted licences for 18 years by the then Victorian government to operate poker machines in the state. However, the rights were then transferred to pubs and clubs in 2008. Tatts launched a compensation suit for $A540m over the loss of its licence and Tabcorp sought $A687m. The Court of Appeal has now ruled in favour of the former but against the latter. Tatts won as its claim was based on a contractual rather than statutory argument

CORPORATES
TABCORP HOLDINGS LIMITED – ASX TAH, TATTS GROUP LIMITED – ASX TTS, COURT OF APPEAL (VICTORIA), AUSTRALIAN LABOR PARTY, VICTORIA. DEPT OF PREMIER AND CABINET, CROWN RESORTS LIMITED – ASX CWN, LIBERAL PARTY OF AUSTRALIA, HIGH COURT OF AUSTRALIA, SUPREME COURT OF VICTORIA, STANDARD AND POOR’S ASX 200 INDEX

4000 ask for CBA advisory review

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Original article by Michael Bennett
The Australian – Page: 23 : 13-Oct-14

Those affected by deficient advice received from Commonwealth Financial Planning and Financial Wisdom between 2003 and 2012 have one year to ask for a formal review. Parent Commonwealth Bank of Australia (CBA) says that after three months of the offer overseen by Promontory Financial, some 4,200 clients have taken advantage of the deal. If this rate persists for the remaining nine months, fewer than 5% of all CBA financial services division customers will participate. CBA has so far made restitution to 1,100-plus people, costing a total $A52m

CORPORATES
COMMONWEALTH BANK OF AUSTRALIA – ASX CBA, COMMONWEALTH FINANCIAL PLANNING LIMITED, FINANCIAL WISDOM LIMITED, PROMONTORY FINANCIAL GROUP LLC, MACQUARIE BANK LIMITED – ASX MBL, HIGH COURT OF AUSTRALIA

CBA enlists heavyweights for compo panel

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Original article by Adam Creighton
The Australian – Page: 16 : 25-Aug-14

Following a scandal over improper advice by its financial planning arm, Commonwealth Bank of Australia (CBA) has formed an Independent Review Panel for the Open Advice Review Program meant to compensate affected customers. Some 400,000 clients of Commonwealth Financial Planning and Financial Wisdom from 2003 to 2012 will benefit. CBA has sought the services of a number of class action law firms on the issue, appointed ex- judges Geoffrey ­Davies and Julie Dodds-Streeton to the panel, and recruited US-based Promontory Financial Group to monitor internal processes at the bank

CORPORATES
COMMONWEALTH BANK OF AUSTRALIA – ASX CBA, COMMONWEALTH FINANCIAL PLANNING LIMITED, FINANCIAL WISDOM LIMITED, HIGH COURT OF AUSTRALIA, McGRATH NICOL AND PARTNERS SERVICES PTY LTD, COURT OF APPEAL (QUEENSLAND), SUPREME COURT OF VICTORIA, FEDERAL COURT OF AUSTRALIA, LAW COUNCIL OF AUSTRALIA, PROMONTORY FINANCIAL GROUP LLC, MACQUARIE GROUP LIMITED – ASX MQG, MACQUARIE PRIVATE WEALTH MANAGEMENT PTY LTD, AMP LIMITED – ASX AMP, QUEENSLAND. PUBLIC HOSPITALS COMMISSION OF INQUIRY, QUEENSLAND. LITIGATION REFORM COMMISSION

Courts get tougher on sexual harassment, payouts soar

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Original article by Nick Toscano
The Age – Page: 12 : 14-Aug-14

Hall & Wilcox partner Kerryn Tredwell says a recent Federal Court of Australia ruling has created a new benchmark for compensation payouts in sexual harassment cases. It approved an increase from $1A8,000 to $A130,000 for a female executive at software group Oracle, whereas previously amounts of $A90,000-plus were awarded rarely and only in very serious matters such as sexual assault. Australian Human Rights Commission data also show a rise in the number of sexual harassment claims lodged, from 157 in 2007-08 to over 260 in 2010-11 and 222 in 2013-14

CORPORATES
AUSTRALIAN HUMAN RIGHTS COMMISSION, ORACLE AUSTRALIA LIMITED, FEDERAL COURT OF AUSTRALIA, AUSTRALIA. SEXUAL DISCRIMINATION COMMISSION, HALL AND WILCOX, QUEENSLAND UNIVERSITY OF TECHNOLOGY