Lehrmann v Network Ten Pty Limited (Trial Judgment) [2024] FCA 369

Advised and appeared for key witness, Ms Fiona Brown, former Chief of Staff to Senator Linda Reynolds and Director of Operations for the Prime Minister Scott Morrison, instructed by Russell Kennedy.

Judgment:

• Lehrmann v Network Ten Pty Limited (Trial Judgment) [2024] FCA 369.

Media coverage:

• Brittany Higgins’ former Chief of Staff allowed to give evidence in closed court session (ABC News, 18 December 2023)

• Main players savaged in Bruce Lehrmann, Network Ten, Lisa Wilkinson judgment … except for one (The Australian, 15 April 2024)

• A rape, a cover-up narrative and a political firestorm (Australian Financial Review, 16 April 2024)

ASIC v RM Capital & The SMSF Club [2024] FCA 151

Appeared for The SMSF Club, instructed by Hall & Wilcox.

Enforcement proceedings for pecuniary penalties & compliance orders in connection with alleged contraventions of s 963G Corporations Act 2001 (Cth) in relation to acceptance of conflicted remuneration by authorised representative.

Heard on July 2021 and March 2022. Further hearing to be listed in November 2024.

Judgment:

• ASIC v RM Capital Limited [2024] FCA 151

Media coverage:

• ASIC succeeds in decade old conflicted rem case (Professional Planner, 4 March 2024)

• Court rules on licensee’s conflicted remuneration case (Money Management, 5 March 2024)

• James Richardson’s RM Capital busted over lack of training for SMSF Club (West Australian, 1 March 2024)

• ASIC says RM Capital did not do enough to prevent kickbacks going to SMSF Club (The West Australian, 1 March 2022)

• SMSF Advisers pocketed $5000 per client: ASIC (Australian Financial Review, 12 June 2019)

Muffett v Qantas Superannuation Ltd [2024] FCA 39

Appeared for Qantas Superannuation Ltd as trustee of Qantas Super, instructed by King & Wood Mallesons.

Successful defence of appeal by member of the Australian and International Pilots Association against determination by the Australian Financial Complaints Authority to confirm trustee’s decision was fair and reasonable as to the calculation of defined benefit entitlements for long haul crews.

Heard by Yates J on 15 November 2023.

Judgment:

• Muffett v Qantas Superannuation Ltd [2024] FCA 39

Media coverage:

• Former Qantas pilot takes his fight to have his super recalculated to the Federal Court (The Australian, 15 November 2023)

• Former Qantas pilot loses his court fight to have his superannuation recalculated for leap years (The Australian, 1 February 2024)

• Former Qantas pilot fails in superannuation court bid (Daily Telegraph, 1 February 2024)

Sweeney v AFCA & NULIS Nominees (Australia) Ltd [2022] FCA 1525

Appeared for the trustee of the MLC Super Fund, instructed by Minter Ellison.

Successful defence of purported appeal of decision by the Australian Financial Complaints Authority.

APPEAL – notice of objection to competency – where applicant filed a notice of appeal pursuant to s 1057 of the Corporations Act 2001 (Cth) – proceeding dismissed

Judgment:

• Sweeney v Australian Financial Complaints Authority & NULIS Nominees (Australia) Ltd [2022] FCA 1525 (O’Callaghan J)

ASIC v Westpac Banking Corporation [2022] FCA 515; (2022) 159 ACSR 381

Appeared for ASIC, instructed by Australian Government Solicitor.

CORPORATIONS – provision of financial services – regulatory proceedings – six proceedings brought by the Australian Securities and Investments Commission – contraventions by Westpac Banking Corporation and its subsidiaries – numerous breaches of the Corporations Act 2001 (Cth) and Australian Securities and Investments Commission Act 2001 (Cth) – dealings with de-registered company accounts and funds held therein – charging of advice fees to accounts of deceased customers – charging of contribution fees with respect to investment or superannuation products without proper disclosure documents – improper provision and charging for duplicate insurance policies to customers – insurance policies issued without consent – false and misleading representations and misleading and deceptive representations concerning the sale to debt purchasers of customers’ debts relating to Westpac-branded cards, Westpac-branded loans and St George-branded cards – improper deduction of insurance fees including commissions – conflicted remuneration – assessment of pecuniary penalties and other relief – financial services laws – breaches of Australian financial services licence – non-compliance with s 912A of the Corporations Act – contraventions of ss 12CB, 12DA, 12DB, 12DI and 12DM of the ASIC Act – contraventions of ss 912A, 962P, 963K and 1041H of the Corporations Act – orders and declarations made in each of the six proceedings.

Judgment:

• Australian Securities & Investments Commission v Westpac Banking Corporation (Omnibus) [2022] FCA 515 (Beach J)

Media coverage:

• Charging the dead and other fines adds up to $113 million for Westpac (Australian Financial Review, November 30, 2021)

• No Allianz implications in ASIC’s “unprecedented” Westpac penalty case (Insurance Business Australia, 3 December 2021)

• ASIC’s Media Release published 30 November 2021

CFMEU v Master Builders Queensland and Building Unions Superannuation Scheme (Queensland) Pty Ltd [2022] FCA 283 and related actions by APRA

Appeared for trustee of BUSSQ superannuation scheme, instructed by Thomson Geer.

CORPORATIONS – consideration of the question of costs in relation to a proceeding concerning the Trustee of a superannuation scheme and provisions in relation to the filling of vacancies on the Board of the Trustee of the Scheme

COSTS – consideration of the principles to be applied in exercising the discretion as to costs in circumstances where a proceeding has been resolved and a notice of discontinuance filed (subject to costs) a relatively short time prior to the date for the hearing of the proceeding

Judgment:

• Construction, Forestry, Mining and Energy Industrial Union of Employees, Queensland v Queensland Master Builders Association, Industrial Organisation of Employees, in the matter of BUSS (Queensland) Pty Ltd [2022] FCA 283 (Greenwood J)

Media coverage:

• BUSSQ’s stunning governance deadlock (Australian Financial Review, 16 February 2022)