ON 27 JUNE 2014, the County Court of Victoria delivered Commonwealth Bank of Austrlalia v Love & Anor [2014] VCC 887 (27 June 2014).
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Marsden v Amalgamated Television Services Pty Ltd [2001] NSWSC 510 | 27 June 2001
ON 27 JUNE 2001, the Supreme Court of NSW delivered Marsden v Amalgamated Television Services Pty Ltd [2001] NSWSC 510.
Sydney, Australia
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Commonwealth Bank and ASIC | Senate report
ON 26 JUNE 2014, the Senate Economics References Committee released it’s final report entitled Performance of Australian Securities and Investments Commission.
http://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Economics/ASIC/Final_Report/index
Of note, the committee found that there had been misconduct on the part of the advisors and planners within the Commonwealth Bank of Australia’s financial planning business and recommended that an enquiry, in the form of a judicial enquiry or Royal Commission, be established to investigate those matters as well as allegations of cover up.
It was recommended that the proposed inquiry identify the conduct amounting to breaches of law or professional standards and review all files to assess the appropriateness of the compensation process and the amounts of compensation offered by the bank.
The Bank’s CEO, Ian Narev, has apologised to the customers who received “poor advice” but and prefers to have an internal “independent” inquiry, called the Open Advice Review Program, rather than a Royal Commission.
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X7 v Australian Crime Commission [2013] HCA 29 | 26 June 2013
ON 26 JUNE 2013, the High Court of Australia delivered X7 v Australian Crime Commission [2013] HCA 29 (26 June 2013).
http://www.austlii.edu.au/au/cases/cth/HCA/2013/29.html
The court held that the Commonwealth Australian Crime Commission Act 2002 did not authorise an examiner to require a person charged with a Commonwealth offence to answer questions before trial about the subject matter of the offence. Such action would fundamentally alter the balance of power towards the prosecution and represent a departure from the fair trial that the system requires. Such a requirement therefore could only be effected by express statutory language or necessary implication.
Sydney, Australia
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Malec v JC Hutton Pty Ltd [1990] HCA 20 | 26 June 1990
ON 26 JUNE 1990, the High Court of Australia delivered Malec v JC Hutton Pty Ltd [1990] HCA 20; (1990) 169 CLR 638 (26 June 1990).
http://www.austlii.edu.au/au/cases/cth/HCA/1990/20.html
When assessing damages for events that would or would not have occurred, or might or might not have occurred, the approach is different to that events which have occurred.
A court determines on the balance of probabilities whether or not an event has occurred. For events that would have or might have occurred, the court is to adjust the award of damages to reflect the degree of probability of that event occurring.
Sydney, Australia
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Insurance Contracts Act 1984 (Cth) | 25 June 1984
ON 25 JUNE 1984, the Commonwealth Insurance Contracts Act 1984 was enacted.
http://www.austlii.edu.au/au/legis/cth/consol_act/ica1984220/
The Act introduced a range of measures to promote good faith and fairness in contractual dealings between insurers and their insured.
Sydney, Australia
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Engel v Vitale 370 US 421| 25 June 1962
ON 25 JUNE 1962, the US Supreme Court delivered Engel v Vitale, 370 US 421 (1962).
https://supreme.justia.com/cases/federal/us/370/421/case
The US Supreme Court held that state-sponsored school prayers in US public schools violated the constitution.
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Nemeth v Australian Litigation Funders Pty Ltd [2014] NSWCA 198
ON 24 JUNE 2014, the NSW Court of Appeal delivered Nemeth v Australian Litigation Funders Pty Ltd [2014] NSWCA 198 (24 June 2014).
http://www.austlii.edu.au/au/cases/nsw/NSWCA/2014/198.html
A woman was unsuccessful in her appeal against a Supreme Court decision in which the court did not allow her to be relieved of her obligations under an agreement in which she was obliged to pay Australian Litigation Funders Pty Ltd a 25% commission the $9 million final settlement of her Family Court proceedings.
Sydney, Australia
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Commonwealth Bank of Australia v Tallents [2014] WASC 218
ON 24 JUNE 2014, Supreme Court of WA delivered Commonwealth Bank of Australia v Tallents [2014] WASC 218 (24 June 2014).
http://www.austlii.edu.au/au/cases/wa/WASC/2014/218.html
Sydney, Australia
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Ozden and Ozden v Commonwealth Bank of Australia [2014] VSCA 127
ON 24 JUNE 2014, the Victorian Court of Appeal delivered Ozden and Ozden v Commonwealth Bank of Australia [2014] VSCA 127 (24 June 2014).
http://www.austlii.edu.au/au/cases/vic/VSCA/2014/127.html
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