DISCLOSURE OF INFORMATION – AUSTRALIA

Westpac told of payments weeks ago

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Original article by Michael Roddan, Bridget Carter
The Australian – Page: 17 & 21 : 29-Nov-19

Westpac has claimed that it was not aware of Austrac’s allegations regarding payments linked to child exploitation until 20 November, when the scandal was exposed. However, Austrac’s statement of claim shows that it specifically requested information from Westpac about such payments at least six weeks earlier. Meanwhile, Westpac has advised that it will allow retail investors to withdraw from a share purchase plan that was announced a week before Austrac filed civil proceedings against the bank.

CORPORATES
WESTPAC BANKING CORPORATION – ASX WBC, AUSTRALIA. ATTORNEY-GENERAL’S DEPT. AUSTRALIAN TRANSACTION REPORTS AND ANALYSIS CENTRE, FEDERAL COURT OF AUSTRALIA, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, CLIME CAPITAL LIMITED – ASX CAM

Judge’s news dictate sets risky precedent

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Original article by Nicola Berkovic
The Australian – Page: 3 : 20-Nov-19

A Curtin University academic has expressed concern about a court ruling about disclosing the identify of a psychologist who was found guilty of professional misconduct. The Family Court of Western Australia ruled that ‘The Australian’ must submit a draft article for its approval before the story can be published, as the Family Law Act prevents the identification of witnesses in family law proceedings. Associate professor of journalism Joseph Fernandez says the ruling is "troubling" and has implications for freedom of the press.

CORPORATES
FAMILY COURT OF WESTERN AUSTRALIA, CURTIN UNIVERSITY OF TECHNOLOGY, ONE NATION PARTY, AUSTRALIAN LAW REFORM COMMISSION

Banks should explain credit card fine print

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Original article by Tom McIlroy
The Australian Financial Review – Page: 3 : 20-Aug-19

Research involving almost 400,000 Commonwealth Bank of Australia credit card users suggests that there are benefits to be had by being more transparent with customers. Harvard researchers found that CBA customers who were provided with more transparency about their credit cards spent 9.9 per cent more each month, and were much less likely to cancel their accounts. In announcing the results of their study, authors Ryan W. Buell and MoonSoo Choi called for more research into transparency and customer engagement.

CORPORATES
COMMONWEALTH BANK OF AUSTRALIA – ASX CBA, HARVARD UNIVERSITY

Tax office targets lawyers’ privileges

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Original article by Michael Roddan
The Australian – Page: 7 : 22-Jul-19

The Australian Taxation Office is hoping a new industry code of conduct that is being developed with the Law Council of Australia and other professional bodies will lead to improved auditing of multinationals. The ATO is finding it difficult to conduct such audits because lawyers are making blanket claims that documents being sought are subject to legal privilege. ATO second commissioner Jeremy Hirschhorn says law firms have no interest in seeing privilege claims that turn out to be false, as this could put the concept of privilege at risk.

CORPORATES
AUSTRALIAN TAXATION OFFICE, LAW COUNCIL OF AUSTRALIA, COMMOTION SYSTEMS, COMMONWEALTH BANK OF AUSTRALIA – ASX CBA

How Twitter drip-fed Watergate

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Original article by Aaron Patrick
The Australian Financial Review – Page: 1 & 36 : 3-May-19

The ‘Watergate’ saga that has embroiled Energy Minister Angus Taylor has arguably changed the rules when it comes to news reporting in Australia. The story was sparked by an anonymous Twitter account in early April, which implied that Taylor had benefited from the sale of water rights to the federal government by Eastern Australia Agriculture in 2017. The rights related to two Queensland cotton farms; Taylor had advised Eastern Australia Agriculture on the purchase of these farms a decade earlier. Although journalists have historically relied on anonymous sources, it is extremely rare for them to use sources that they cannot identify.

CORPORATES
AUSTRALIA. DEPT OF THE ENVIRONMENT AND ENERGY, EASTERN AUSTRALIA AGRICULTURE PTY LTD, TWITTER INCORPORATED

AMP and Clayton Utz roll over for ASIC

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Original article by James Frost
The Australian Financial Review – Page: 19 : 12-Mar-19

An AMP spokesperson has confirmed that it has withdrawn its claim of legal and professional privilege over documents sought by the Australian Securities & Investments Commission regarding the fee-for-no-service scandal. Clayton Utz had been involved in the claim; the documents in question included notes taken by Clayton Utz in interviews with AMP employees over the scandal. ASIC deputy commissioner Daniel Crennan attacked AMP for trying to delay its investigation, although he said it was pleased that the sought documents had now been released.

CORPORATES
AMP LIMITED – ASX AMP, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, CLAYTON UTZ

Banks under fire: investigations laid bare by regulator

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Original article by Ben Butler
The Australian – Page: 17 & 21 : 30-Jan-19

Documents released by the financial services royal commission show that the Australian Securities & Investments Commission’s enforcement committee approved the prosecution of National Australia Bank for breaching its financial services licence in June 2018. The committee found that NAB had repeatedly failed to comply with laws requiring it to report serious breaches of its licence within 10 days. NAB’s compliance record also came under scrutiny by the royal commission in August.

CORPORATES
NATIONAL AUSTRALIA BANK LIMITED – ASX NAB, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, AUSTRALIA. ROYAL COMMISSION INTO MISCONDUCT IN THE BANKING, SUPERANNUATION AND FINANCIAL SERVICES INDUSTRY, RIO TINTO LIMITED – ASX RIO, TENNIS AUSTRALIA, FEDERAL COURT OF AUSTRALIA, TRIO CAPITAL LIMITED, MACQUARIE GROUP LIMITED – ASX MQG, VAN EYK CAPITAL PTY LTD, AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED – ASX ANZ, COMMONWEALTH BANK OF AUSTRALIA – ASX CBA

Disclosing pay cuts scares off executives

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Original article by Ben Butler
The Australian – Page: 13 & 14 : 2-Jan-19

It has been revealed that ANZ Bank CEO Shayne Elliott warned that people may be deterred from taking up executive roles in the sector if banks are required to reveal the reasons why executives’ pay has been reduced. Elliott expressed concern about the issue in a letter to financial services royal commissioner Kenneth Hayne in early December. Elliott himself has had his remuneration reduced by $950,000 in the current financial year.

CORPORATES
AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED – ASX ANZ, AUSTRALIA. ROYAL COMMISSION INTO MISCONDUCT IN THE BANKING, SUPERANNUATION AND FINANCIAL SERVICES INDUSTRY, NATIONAL AUSTRALIA BANK LIMITED – ASX NAB, WESTPAC BANKING CORPORATION – ASX WBC, IOOF HOLDINGS LIMITED – ASX IFL

NAB insists its breaches were not criminal acts

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Original article by Ben Butler
The Australian – Page: 13 & 18 : 19-Dec-18

National Australia Bank has conceded that its MLC Nominees subsidiary had breached the Corporations Act and the Australian Securities and Investments Commission Act. The breaches related to so-called plan service fees that the superannuation trustee company had imposed on customers despite not providing any services. NAB has acknowledged in court filings that MLC Nominees’ actions constituted misleading or deceptive conduct. The Australian Securities & Investments Commission launched legal action against NAB in September.

CORPORATES
NATIONAL AUSTRALIA BANK LIMITED – ASX NAB, MLC NOMINEES, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, FEDERAL COURT OF AUSTRALIA, NULIS NOMINEES AUSTRALIA LIMITED, AUSTRALIA. ROYAL COMMISSION INTO MISCONDUCT IN THE BANKING, SUPERANNUATION AND FINANCIAL SERVICES INDUSTRY

ASIC goes to court in AMP document hunt

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Original article by Ben Butler, Joyce Moullakis
The Australian – Page: 15 & 19 : 18-Dec-18

The Australian Securities & Investments Commission is seeking a court order to compel AMP to provide access to documents relating to the fees-for-no-service scandal. AMP contends that the transcripts of Clayton Utz’s interviews with AMP employees regarding the scandal are subject to legal professional privilege, which ASIC disputes. The financial services royal commission had been told that Clayton Utz’s report on the scandal had been altered following discussions with key AMP executives.

CORPORATES
AMP LIMITED – ASX AMP, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, CLAYTON UTZ, AUSTRALIA. ROYAL COMMISSION INTO MISCONDUCT IN THE BANKING, SUPERANNUATION AND FINANCIAL SERVICES INDUSTRY, FEDERAL COURT OF AUSTRALIA