Year
Year
The Australian Securities and Investments Commission (ASIC) launched proceedings against Australia and New Zealand Banking Ltd (ANZ) for statutory unconscionability and provision of financial products otherwise than efficiently, honestly and fairly. In commencing proceedings, ASIC filed a concise statement pursuant to the Commercial and Corporations Practice Note. Following the filing…
Year
This matter involved banking; enforcement of securities; knowing receipt; Farm Debt Mediation Act; and the Banking Code of Practice.
Counsel
Acted for defendant accounting firm in proceeding in the Supreme Court of Victoria; led by J Elliott QC (now Elliott J) – banking and finance – accountants – liability of accounting firm and bank for losses incurred by clients as a result of fraudulent conduct by former employee – allegations…
Counsel
Acted for defendant adviser in proceeding in the Federal Court of Australia, unled – banking and finance – financial adviser – financial advice – allegations of breach of retainer and negligence – allegations of breach of fiduciary duty – allegations of misleading or deceptive conduct – s 1041H Corporations Act…
Counsel
Acted for defendant guarantor in proceeding in the Supreme Court of Victoria – banking and finance – loan facilities and guarantees – mortgage over real property – action for possession and debt – defence based on Yerkey v Jones – unconscionable conduct – ss 12CA, 12CB, 12CC ASIC Act 2001…
Counsel
Acted for defendants ANZ and receivers in proceedings in the Supreme Court of Victoria; led by A Archibald QC and M Connock QC (now Connock J) – banking and finance – loan facilities and securities – allegations of duress, illegality, undue influence and unconscionability – allegations of misleading or deceptive…
Counsel
Acted for plaintiffs in proceedings in the Supreme Court of Victoria; led by J Elliott QC (now Elliott J) – banking and finance – securities lending – allegations of misleading or deceptive conduct.
Counsel
Acting for Capital Finance in defence of misleading or deceptive conduct claims relating to lending, including interlocutory argument about assignability of statutory causes of action and leave to issue derivative action
Year
Acting for ASIC in a civil penalty proceeding concerning contraventions of the National Consumer Credit Protection Act 2009 (Cth) arising from the respondent’s home loan introducer program. Led by O Bigos KC, instructed by Australian Government Solicitor.
Year
Acting for ASIC in a civil penalty proceeding concerning contraventions of the National Consumer Credit Protection Act 2009 (Cth) and the National Credit Code arising from the respondent’s processes for responding to hardship notices. With L Chircop, instructed by ASIC.
Year
Counsel
Counsel
Led by Dr Ruth Higgins SC for ANZ in an application for review by the Australian Competition Tribunal of a decision by the ACCC refusing merger authorisation.
Year
For applicant in consumer class action proceeding, led by P Collinson KC, instructed by Phi Finney McDonald
Counsel
Led by Oren Bigos QC with Georgie Coleman. This matter involved representative proceedings, unconscionable conduct and misleading or deceptive conduct in connection with the sale of consumer credit insurance.
