SECURITIES COMMISSIONS – AUSTRALIA

Canberra cans plan to privatise ASIC Registry

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Original article by Joanna Mather
The Australian Financial Review – Page: 8 : 20-Dec-16

The Federal Government has decided against privatising the Australian Securities & Investments Commission (ASIC)’s registry business. The Government informed on 19 December 2016 that final bids for the business were not high enough to justify the change in the status of the registry. ASIC collected $A768 million in fees in 2015-16.

CORPORATES
AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, GETUP LIMITED, COMPUTERSHARE LIMITED – ASX CPU, BOREALIS INFRASTRUCTURE MANAGEMENT INCORPORATED, TERANET, LAZARD AUSTRALIA PRIVATE EQUITY PTY LTD, VEDA GROUP LIMITED, INFORMATION SERVICES GROUP, BROOKFIELD ASSET MANAGEMENT INCORPORATED

ASIC to scrutinise Bellamy’s trading

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Original article by Damon Kitney, Eli Greenblat
The Australian – Page: 22 : 6-Dec-16

The Australian Securities & Investments Commission will undertake an informal review of trading in the shares of Bellamy’s Australia prior to the release of an earnings update on 2 December 2016. The infant formula group’s shares fell by 43.52 per cent in response to the bearish guidance, and the stock shed another 4.23 per cent on 5 December. Bellamy’s had left its earnings guidance unchanged at the AGM in mid-October.

CORPORATES
BELLAMY’S AUSTRALIA LIMITED – ASX BAL, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, KATHMANDU HOLDINGS LIMITED – ASX KMD, BLACK PRINCE PRIVATE FOUNDATIONRST, ELLERSTON CAPITAL PTY LTD

Banks charged customers $180m for no financial advice

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Original article by Misa Han
The Australian Financial Review – Page: 6 : 28-Oct-16

The Australian Securities & Investments Commission has released a report on the dubious practices of financial advisers aligned with the "big four" banks and AMP. ASIC found that many customers had been charged for financial advice between August 2013 and December 2015, but they did not receive any such advice. ASIC noted that most of these cases occurred prior to the implementation of the Future of Financial Advice reforms. It is estimated that about 200,000 customers will be entitled to total compensation of some $A178m.

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, MACQUARIE GROUP LIMITED – ASX MQG, AUSTRALIAN BANKERS’ ASSOCIATION

Westpac refunds $20m over credit card transaction fees

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Original article by Clancy Yeates
The Age – Page: 21 : 9-Sep-16

Some 820,000 credit card customers of Westpac will be reimbursed after being charged foreign transaction fees on purchases via offshore merchants that were made in Australian dollars. The banking major has issued about $A20m worth of refunds after the Australian Securities & Investments Commission found that it had neglected to inform customers that such transactions would attract a so-called "foreign transaction fee". Westpac has also updated its terms and conditions.

CORPORATES
WESTPAC BANKING CORPORATION – ASX WBC, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION

Big four banks sued by US funds over BBSW

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Original article by James Eyers
The Australian Financial Review – Page: 3 : 19-Aug-16

A class action launched in the US may complicate the Australian Securities & Investments Commission’s litigation against three of Australia’s big four banks. The litigants, including a derivatives trader and two hedge funds, allege in documents filed in a New York court that they suffered losses because the four major banks and Macquarie Group manipulated the bank bill swap rate. The US litigation makes a settlement between ASIC and the ANZ Bank, Westpac and National Australia Bank rather unlikely.

CORPORATES
AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED – ASX ANZ, FEDERAL COURT OF AUSTRALIA, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, WESTPAC BANKING CORPORATION – ASX WBC, NATIONAL AUSTRALIA BANK LIMITED – ASX NAB, MACQUARIE GROUP LIMITED – ASX MQG, AUSTRALIAN LABOR PARTY, DISTRICT COURT OF UNITED STATES. SOUTHERN DISTRICT OF NEW YORK, SONTERRA CAPITAL MASTER FUND, FRONTPOINT FINANCIAL SERVICES, MAURICE BLACKBURN PTY LTD, BANK OF NEW ZEALAND, BNP PARIBAS SA, CITIBANK CORPORATION, CREDIT SUISSE AG, DEUTSCHE BANK AG, HSBC HOLDINGS PLC, JP MORGAN CHASE AND COMPANY, ROYAL BANK OF CANADA, ROYAL BANK OF SCOTLAND GROUP PLC, UC HOLDINGS, ICAP PLC, TULLETT PREBON, MORGAN STANLEY AND COMPANY INCORPORATED, LLOYD’S OF LONDON

‘Unconscionable’ NAB sued by ASIC over alleged rate rigging

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Original article by James Eyers, Clancy Yeates
The Australian Financial Review – Page: 2 : 8-Jun-16

Opposition Leader Bill Shorten says the latest development in the scandal over manipulation of the bank bill swap rate demonstrates the need for a royal commission into the banking sector. The Australian Securities & Investments Commission will allege in the Federal Court that National Australia Bank manipulated the BBSW in 50 separate transactions from mid-2010 to late-2012. ASIC has previously launched legal action against Westpac and the ANZ Bank.

CORPORATES
NATIONAL AUSTRALIA BANK LIMITED – ASX NAB, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, AUSTRALIAN LABOR PARTY, WESTPAC BANKING CORPORATION – ASX WBC, AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED – ASX ANZ, AUSTRALIAN GREENS, FEDERAL COURT OF AUSTRALIA, AUSTRALIA. DEPT OF THE PRIME MINISTER AND CABINET

NAB set to face claims of rate-rigging

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Original article by Sarah Thompson, Jemima Whyte, Anthony Macdonald
The Australian Financial Review – Page: 17 & 22 : 3-Jun-16

The Australian Securities & Investments Commission has a narrow time-frame to decide whether to pursue legal action against National Australia Bank for manipulating the bank bill swap rate. The alleged conduct occurred on 6 June 2010, which means ASIC must commence legal proceedings within days under the statute of limitations. Westpac and ANZ Bank have already been the subject of ASIC action over such conduct, while several investment banks have agreed to enforceable undertakings.

CORPORATES
NATIONAL AUSTRALIA BANK LIMITED – ASX NAB, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, WESTPAC BANKING CORPORATION – ASX WBC, AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED – ASX ANZ, UBS AG, ROYAL BANK OF SCOTLAND GROUP PLC, BNP PARIBAS SA

Westpac accused of fixing market

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Original article by Leo Shanahan
The Australian – Page: 19 & 23 : 6-Apr-16

Westpac may face financial penalties of up to $A18m if allegations that it attempted to manipulate the bank bill swap rate are proven. The Australian Securities & Investments Commission’s statement of claim identifies 16 separate occasions on which the banking major is said to have engaged in such activity. The ANZ Bank is already subject to legal action by ASIC for manipulating the bank bill swap rate, while the Commonwealth Bank and National Australia Bank are being investigated.

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

Westpac execs quizzed in rate-rig probe

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Original article by Leo Shanahan
The Australian – Page: 19 & 22 : 8-Mar-16

The Australian Securities & Investments Commission is believed to have interviewed about 25 Westpac employees to date as part of its investigation into allegations that banks manipulated the bank bill swap rate. The ANZ Bank is already the subject of legal action by ASIC over the scandal, while the corporate regulator is said to have identified about 120 Westpac employees and executives that it wants to interview. Westpac has stressed that it is co-operating fully with the investigation.

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

ASIC targets more banks over rates

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Original article by James Eyers, Clancy Yeates
The Australian Financial Review – Page: 1 & 8 : 7-Mar-16

Law firm Maurice Blackburn is examining the potential for a class action against the ANZ Bank over allegations of misconduct in setting the bank bill swap. Meanwhile, the Australian Securities & Investments Commission may broaden its legal case to include the Commonwealth Bank, Westpac and National Australia Bank. ASIC launched legal action against ANZ after the bank refused to admit liability, which has thwarted attempts to reach a settlement.

CORPORATES
AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED – ASX ANZ, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, MAURICE BLACKBURN PTY LTD, COMMONWEALTH BANK OF AUSTRALIA – ASX CBA, WESTPAC BANKING CORPORATION – ASX WBC, NATIONAL AUSTRALIA BANK LIMITED – ASX NAB, AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY, WESTERN SYDNEY UNIVERSITY, UNIVERSITY OF MELBOURNE