Original article by Ewin Hannan
The Australian – Page: 2 : 15-Oct-19
The Construction, Forestry, Maritime, Mining & Energy Union and Victorian shop steward Kevin Pattinson have been fined $69,000 in total for preventing an apprentice and an electrician from working on a Melbourne construction site. The court was told that Pattinson had barred the two workers from the site because they were not members of the CFMMEU. The Federal Court’s Justice John Snaden noted that the union is a "serial offender" with regard to its lack of compliance with workplace laws.
CONSTRUCTION, FORESTRY, MARITIME, MINING AND ENERGY UNION OF AUSTRALIA, FEDERAL COURT OF AUSTRALIA
Original article by Ewin Hannan
The Australian – Page: 6 : 9-Oct-19
Australian Industry Group CEO Innes Willox has welcomed the Federal Court’s ruling that litigation funder August Ventures should provide security for employers’ costs in a class action over alleged breaches of workplace laws. Willox hopes the ruling will make Fair Work class actions less attractive to litigation funders, while he has called for such businesses to be subject to greater regulation. There are currently 11 class actions before the Federal Court involving alleged breaches of the Fair Work Act.
FEDERAL COURT OF AUSTRALIA, THE AUSTRALIAN INDUSTRY GROUP, AUGUST VENTURES, ADERO LAW, CONSTRUCTION, FORESTRY, MARITIME, MINING AND ENERGY UNION OF AUSTRALIA, WORKPAC PTY LTD
Original article by Joanna Mather, Aleks Vickovich
The Australian Financial Review – Page: 13 & 17 : 23-Sep-19
The Australian Prudential Regulation Authority has failed in its court case against IOOF Holdings, in which it sought to argue that the financial services company breached its obligation to act in its members’ best interests. It had been the first time in more than 10 years that APRA had taken superannuation trustees to court, with Federal Court Justice Jayne Jagot finding that its legal arguments were "unpersuasive". Despite APRA’s lack of success in the case, industry observers say it does not mean that IOOF is guaranteed to complete its takeover of the ANZ Bank’s wealth unit.
IOOF HOLDINGS LIMITED – ASX IFL, AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY, AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED – ASX ANZ, ALLENS, ADVISER RATINGS PTY LTD, MORGAN STANLEY AUSTRALIA LIMITED, MORNINGSTAR PTY LTD
Original article by John Durie
The Australian – Page: 20 : 4-Sep-19
The Australian Taxation Office may appeal a Federal Court ruling in favour of mining giant Glencore over a transfer pricing dispute. The case centred on the price that Glencore’s offshore trading arm paid for copper from its Cobar mine in New South Wales. The ATO contended that the transaction should have been done at arm’s length. The ruling may have implications for other transfer pricing investigations being undertaken by the ATO.
GLENCORE PLC, GLENCORE AUSTRALIA PTY LTD, AUSTRALIAN TAXATION OFFICE, FEDERAL COURT OF AUSTRALIA
Original article by Sarah-Jane Tasker
The Australian – Page: 17 & 21 : 4-Sep-19
The Australian Competition & Consumer Commission has launched legal action against Medibank Private, accusing the health insurer of making false representations about the benefits covered by its policies. It will be alleged that Medibank had wrongly advised customers that its AHM Lite and Boost policies did not cover medical procedures such as knee reconstructions and spinal surgery. ACCC chairman Rod Sim says this forced many policyholders to delay necessary surgery.
MEDIBANK PRIVATE LIMITED – ASX MPL, AHM HEALTH INSURANCE, AUSTRALIAN COMPETITION AND CONSUMER COMMISSION, FEDERAL COURT OF AUSTRALIA
Original article by Hannah Wootton
The Australian Financial Review – Page: 11 : 21-Aug-19
The Federal Court has ruled that the ABC had no "proper basis" for its claim that the Australian Federal Police failed to consider public policy factors when it applied for a warrant to search the public broadcaster’s Sydney offices in June. These factors included the protection of journalists’ sources and the implied freedom of political communication in the Constitution. The ABC is seeking to have the AFP’s warrant declared invalid and return of documents that were seized in the raid.
AUSTRALIAN BROADCASTING CORPORATION, AUSTRALIAN FEDERAL POLICE, FEDERAL COURT OF AUSTRALIA
Original article by John Durie
The Australian – Page: 17 : 19-Aug-19
The Australian Securities & Investments Commission’s deputy chairman Daniel Crennan says it will shortly commence legal action against the four major banks, plus AMP and Macquarie Group. He adds that ASIC is still working on 13 matters that were referred to it by the Hayne royal commission, as well as a further 39 matters that were examined by the inquiry. Meanwhile, ASIC’s latest enforcement update shows that it accepted just one court-enforceable undertaking in the first half of 2019, compared with nine in the second half of 2018. ASIC’s reluctance to pursue litigation came under scrutiny by royal commissioner Kenneth Hayne.
AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, AMP LIMITED – ASX AMP, MACQUARIE GROUP LIMITED – ASX MQG, AUSTRALIA. ROYAL COMMISSION INTO MISCONDUCT IN THE BANKING, SUPERANNUATION AND FINANCIAL SERVICES INDUSTRY
Original article by James Frost
The Australian Financial Review – Page: 1 & 17 : 29-Jul-19
The Australian Securities & Investments Commission has launched about 25 cases against banks in the wake of the financial services royal commission. ASIC commissioner Sean Hughes says further legal action is pending, and he says it is possible that further misconduct and wrongdoings in the financial sector will emerge. Hughes adds that banks are starting to take their obligation to submit breach reports in a timely manner a lot more seriously following the royal commission.
AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, AUSTRALIA. ROYAL COMMISSION INTO MISCONDUCT IN THE BANKING, SUPERANNUATION AND FINANCIAL SERVICES INDUSTRY, AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED – ASX ANZ, NATIONAL AUSTRALIA BANK LIMITED – ASX NAB
Original article by Samantha Bailey
The Australian – Page: 24 : 26-Jul-19
The Australian Securities & Investments Commission has filed Federal Court action against the ANZ Bank, alleging that periodic payment fees that some 460,000 customers paid between August 2003 and February 2016 were unlawful. ASIC will contend that the bank failed to disclose the fact that the fees may have been illegal until January 2014, despite being made aware of the issue in mid-2011. Affected customers were not informed until September 2015, and ANZ did not begin compensating them until August 2016. ANZ has indicated that it will "vigorously defend" the civil lawsuit.
AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED – ASX ANZ, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, FEDERAL COURT OF AUSTRALIA
Original article by Liam Walsh
The Australian Financial Review – Page: 15 & 20 : 5-Jul-19
Stockbroker Morgans is the subject of dozens of law suits from clients; over 20 of them are targeting Morgans and David Wilkins, the former head of its branch at Springwood in Queensland. Some clients of Morgans have claimed that they lost hundreds of thousands of dollars as a result of advice they received from Morgans’ Springwood office. An email sent in 2009 that is contained in one of the lawsuits against Morgans indicates that its senior management were aware that there were problems at the office, but the fir did not advise clients about its concerns.
MORGANS FINANCIAL LIMITED, SUPREME COURT OF QUEENSLAND, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION