Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Securities & Investments Commission v Westpac Banking Corporation [2018] FCA 1733 File number: NSD 293 of 2017
Judge: PERRAM J
Date of judgment: 13 November 2018
Catchwords: CONSUMER LAW – joint application for declarations of contravention and penalty by consent – whether conduct specified in proposed declarations and agreed statement of facts constitutes contravention – whether agreed facts sufficient to assess agreed penalty
Legislation: National Consumer Credit Protection Act 2009 (Cth) ss 128, 129, 130, 166
Cases cited: Australian Securities and Investments Commission v Australia and New Zealand Banking Group Limited [2018] FCA 155 Australian Securities and Investments Commission v Cash Store Pty Ltd (in liquidation) [2014] FCA 926 Australian Securities and Investments Commission v Ostrava Equities Pty Ltd [2016] FCA 1064 Australian Securities & Investments Commission v Thorn Australia Pty Ltd [2018] FCA 704
Date of hearing: 3, 10, 14 September 2018, 11 October 2018
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Category: Catchwords
Number of paragraphs: 34
Counsel for the Applicant: Ms K Stern SC with Ms S Patterson and Ms A Zheng
Solicitor for the Applicant: Australian Securities & Investments Commission
Counsel for the Respondent: Mr J Kirk SC with Mr I Jackman SC and Mr J Williams
Solicitor for the Respondent: King & Wood Mallesons
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