DISCLOSURE OF INFORMATION – LAW AND LEGISLATION – AUSTRALIA

Agent of interference: How Labor’s top lawyer steered bureaucrats against ex-PM

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Original article by Joe Kelly
The Australian – Page: 1 & 4 : 31-Jan-20

Andrew Cooper, the Australian organiser of the 2019 Conservative Political Action Conference, was asked to register under the federal government’s Foreign Influence Transparency Scheme. The request was made by the Attorney General’s Department. According to documents released under freedom of information laws, Labor frontbencher Mark Dreyfus encouraged department officials to investigate whether the CPAC would trigger registration requirements under the scheme at a meeting in July. The Department also asked former prime minister Tony Abbott to register under the scheme as he was to speak at the event; both Cooper and Abbott rejected the requests. A spokesperson for Dreyfus says the opposition cannot tell public servants to do anything.

CORPORATES
AUSTRALIA. ATTORNEY-GENERAL’S DEPT, AUSTRALIAN LABOR PARTY

ASIC next in line to be climate cop

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Original article by Michael Roddan
The Australian – Page: 1 & 4 : 24-Dec-19

The Australian Securities & Investments Commission will begin to legally enforce a requirement that listed companies must inform their shareholders and customers of any material risks from climate change. ASIC has not yet used this enforcement power under the Corporations Act 2001, but it intends to do so in 2020. Woolworths and Treasury Wine Estates are among the companies that have warned of the potential impact of climate change in their financial reports.

CORPORATES
AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, WOOLWORTHS GROUP LIMITED – ASX WOW, TREASURY WINE ESTATES LIMITED – ASX TWE, COMMONWEALTH BANK OF AUSTRALIA – ASX CBA, CITIGROUP PTY LTD, AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY, RESERVE BANK OF AUSTRALIA

Westpac faces class action over scandal

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Original article by Aleks Vickovich
The Australian Financial Review – Page: 14 & 19 : 19-Dec-19

Law firm Phi Finney McDonald has filed a class action lawsuit against Westpac on behalf of retail and institutional investors. The firm will allege amongst other things that Westpac breached its continuous disclosure obligations by failing to properly inform prospective investors about Austrac’s concerns regarding its compliance with anti-money laundering laws. The class action is open to investors who bought Westpac shares between 16 December 2013 and 19 November 2019.

CORPORATES
WESTPAC BANKING CORPORATION – ASX WBC, PHI FINNEY McDONALD PTY LTD, AUSTRALIA. ATTORNEY-GENERAL’S DEPT. AUSTRALIAN TRANSACTION REPORTS AND ANALYSIS CENTRE, WOODSFORD LITIGATION FUNDING, AUSTRALIAN LABOR PARTY, LIBERAL PARTY OF AUSTRALIA, COMMONWEALTH BANK OF AUSTRALIA – ASX CBA, AMP LIMITED – ASX AMP, MAURICE BLACKBURN PTY LTD, IMF BENTHAM LIMITED – ASX IMF

NAB to face legal pain over fee rort

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Original article by Michael Roddan
The Australian – Page: 13 & 14 : 18-Dec-19

National Australia Bank’s annual general meeting on 18 December will be overshadowed by allegations that it engaged in unconscionable conduct. The Australian Securities & Investments Commission has filed a statement of claim in which it outlines some 8,700 instances in which NAB is alleged to have charged fees for services that were not provided between December 2013 and February 2019. Amongst other things, ASIC also alleges that NAB failed to issue adequate product disclosure statements. NAB has indicated that it has already paid $37.8m in compensation to customers who were affected by the fee-for-no-service scandal.

CORPORATES
NATIONAL AUSTRALIA BANK LIMITED – ASX NAB, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, WESTPAC BANKING CORPORATION – ASX WBC, AMP LIMITED – ASX AMP

Big four in fees probe

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Original article by Ben Butler
The Australian – Page: 17 & 20 : 17-Oct-18

The four major banks will be a key focus of the Australian Securities & Investments Commission’s investigation into breaches of financial planning fee disclosure requirements under the Future of Financial Advice reforms. It is uncertain as to whether wealth manager AMP will also come under scrutiny by ASIC, which recently advised that it had received a "substantial" number of breach notices from various industry players.

CORPORATES
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, AMP LIMITED – ASX AMP, COMMONWEALTH FINANCIAL PLANNING LIMITED, FINANCIAL WISDOM LIMITED, COUNT FINANCIAL LIMITED, COMMINSURE, RI ADVICE GROUP PTY LTD, MILLENNIUM 3 PTY LTD, IOOF HOLDINGS LIMITED – ASX IFL, ANZ FINANCIAL PLANNING

CBA faces laundering rap

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Original article by James Frost
The Australian Financial Review – Page: 1 & 12 : 4-Aug-17

AUSTRAC has accused the Commonwealth Bank of Australia of not being in compliance with money-laundering regulations, and has launched legal action against it in the Federal Court. AUSTRAC contends that the CBA has not properly monitored or reported large cash transactions being made through its ATMs. AUSTRAC has stated that there have been 53,700 occasions since 2012 when the $A10,000 threshold above which transactions must be disclosed were exceeded, but they were either not reported to AUSTRAC or were not reported in time for it to take action. A maximum penalty of $A18 million applies to each incident of non-compliance with disclosure rules.

CORPORATES
COMMONWEALTH BANK OF AUSTRALIA – ASX CBA, AUSTRALIA. ATTORNEY-GENERAL’S DEPT. AUSTRALIAN TRANSACTION REPORTS AND ANALYSIS CENTRE, FEDERAL COURT OF AUSTRALIA, AUSTRALIA. DEPT OF THE TREASURY, BNP PARIBAS SA

Newcrest pays $36m to settle class action

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Original article by Barry FitzGerald
The Australian – Page: 20 : 23-Feb-16

Gold producer Newcrest Mining has agreed to a $A36m out-of-court settlement in a class action over its disclosure standards. The case was scheduled to begin on 29 February 2016, but Newcrest has decided that a settlement is in the best interests of shareholders. Plaintiff law firm Slater & Gordon initiated a class action on behalf of shareholders with regard to Newcrest’s breach of continuous disclosure requirements in 2012 and 2013.

CORPORATES
NEWCREST MINING LIMITED – ASX NCM, SLATER AND GORDON LIMITED – ASX SGH, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION

IOOF slapped with class action

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Original article by Adele Ferguson, Sarah Danckert
The Australian Financial Review – Page: 29 : 8-Oct-15

Australian-listed financial services group IOOF Holdings faces a shareholder class action over claims that staff in its research department failed to comply with disclosure requirements. The legal action has been launched by law firm Maurice Blackburn with financial backing from UK-based Harbour Litigation Funding. The class action will be open to investors who bought IOOF shares between December 2013 and June 2015.

CORPORATES
IOOF HOLDINGS LIMITED – ASX IFL, MAURICE BLACKBURN PTY LTD, HARBOUR LITIGATION FUNDING LIMITED, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, FAIRFAX MEDIA LIMITED – ASX FXJ, LONSEC LIMITED, MORNINGSTAR PTY LTD

Tabcorp faces trial, fines over money laundering

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Original article by Perry Williams, Patrick Durkin
The Australian Financial Review – Page: 1 & 7 : 23-Jul-15

The Australian Transaction Reports & Analysis Centre claims that Tabcorp breached money-laundering reporting laws on at least 100 separate occasions. It has launched civil action against the gaming group in the Federal Court, alleging that Tabcorp failed to report suspect transactions that were made via TAB betting accounts. Tabcorp could face fines of up to $A17m, although Deutsche Bank notes that the group could potentially be fined up to $A51m in total as two subsidiaries are also subject to the legal action.

CORPORATES
TABCORP HOLDINGS LIMITED – ASX TAH, AUSTRALIA. ATTORNEY-GENERAL’S DEPT. AUSTRALIAN TRANSACTION REPORTS AND ANALYSIS CENTRE, DEUTSCHE BANK AG, FEDERAL COURT OF AUSTRALIA, NATIONAL RUGBY LEAGUE, NORTH QUEENSLAND COWBOYS, BULLDOGS RUGBY LEAGUE CLUB LIMITED, AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED – ASX ANZ, COMMONWEALTH BANK OF AUSTRALIA – ASX CBA, LEND LEASE GROUP LIMITED – ASX LLC, ASX LIMITED – ASX ASX, SUNCORP GROUP LIMITED – ASX SUN, NBN CO LIMITED, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, NEW SOUTH WALES POLICE FORCE, AUSTRALIAN FEDERAL POLICE, VICTORIA. OFFICE OF POLICE INTEGRITY, DOW JONES SUSTAINABILITY INDEX

Lower test will add fuel to the fire for shareholder class actions

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Original article by John Emmering, Michael Legg
The Australian Financial Review – Page: 32 : 13-Mar-15

In most cases, shareholder class actions in Australia are based on alleging causation between losses incurred by shareholders and directors’ behaviour. Until now, Australian courts have required proof of individualised reliance. The Federal Court’s observations in the case against Babcock & Brown directors are likely to stimulate discussion of causality in class actions

CORPORATES
BABCOCK AND BROWN LIMITED, FEDERAL COURT OF AUSTRALIA, DOWNER EDI LIMITED – ASX DOW, ARASOR CORPORATION, UNIVERSITY OF NEW SOUTH WALES, JONES DAY