R v Allianz Australia Insurance Ltd (ACN 000 122 850); R v AWP Australia Pty Ltd (ACN 097 227 177) [2025] NSWSC 127

Supreme Court New South Wales

Medium Neutral Citation: R v Allianz Australia Insurance Ltd (ACN 000 122 850); R v AWP Australia Pty Ltd (ACN 097 227 177) [2025] NSWSC 127 Hearing dates: 28 February 2024 Date of orders: 28 February 2025 Decision date: 28 February 2025 Jurisdiction: Common Law Before: Rothman J Decision: In respect of AWP Australia Pty Ltd (ACN 097 227 177): (1) The Court records that between 24 November 2016 and 12 June 2018, at Brisbane in the State of Queensland and in other referring jurisdictions within the Commonwealth of Australia, AWP Australia Pty Ltd disseminated information that was materially misleading, namely information published on the Purchase Path hosted by AWP Australia Pty Ltd regarding Allianz Australia Insurance Limited's travel insurance policies, that it ought reasonably to have known was materially misleading, and the information was likely to induce persons in these jurisdictions to acquire financial products, contrary to ss 1041E(1) and 1311(1) of the Corporations Act 2001 (Cth). (2) In respect of the foregoing offence, taking into account the discount of 25% for the plea of guilty, the Court imposes a fine of $3,300,000. In respect of Allianz Australia Insurance Limited (ACN 000 122 850): (1) The Court records that between 11 February 2016 and 6 June 2018, at Sydney in the State of New South Wales and in other referring jurisdictions within the Commonwealth of Australia, Allianz Australia Insurance Limited disseminated information that was false in a material particular or materially misleading, namely information published on the domestic travel insurance landing page of its website regarding Allianz Australia Insurance Limited's domestic travel insurance policy, that it ought reasonably to have known was false in a material particular or materially misleading, and the information was likely to induce persons in these jurisdictions to acquire financial products, contrary to ss 1041E(1) and 1311(1) of the Corporations Act 2001 (Cth) and is guilty of that offence particularised in the indictment of 14 September 2023. (2) The Court records that between 11 February 2016 and 6 June 2018, at Sydney in the State of New South Wales and in other referring jurisdictions within the Commonwealth of Australia, Allianz Australia Insurance Limited disseminated information that was false in a material particular or materially misleading, namely information published on the comprehensive travel insurance landing page of its website regarding Allianz Australia Insurance Limited's domestic travel insurance policy, that it ought reasonably to have known was false in a material particular or materially misleading, and the information was likely to induce persons in these jurisdictions to acquire financial products, contrary to ss 1041E(1) and 1311(1) of the Corporations Act 2001 (Cth) and is guilty of that offence particularised in the indictment of 14 September 2023. (3) The Court records that between 11 February 2016 and 6 June 2018, at Sydney in the State of New South Wales and in other referring jurisdictions within the Commonwealth of Australia, Allianz Australia Insurance Limited disseminated information that was false in a material particular or materially misleading, namely information published on the multi-trip travel insurance landing page of its website regarding Allianz Australia Insurance Limited's domestic travel insurance policy, that it ought reasonably to have known was false in a material particular or materially misleading, and the information was likely to induce persons in these jurisdictions to acquire financial products, contrary to ss 1041E(1) and 1311(1) of the Corporations Act 2001 (Cth) and is guilty of that offence particularised in the indictment of 14 September 2023. (4) The Court records that between 11 February 2016 and 6 June 2018, at Sydney in the State of New South Wales and in other referring jurisdictions within the Commonwealth of Australia, Allianz Australia Insurance Limited disseminated information that was false in a material particular or materially misleading, namely information published on the basic travel insurance landing page and the travel landing home page of its website regarding Allianz Australia Insurance Limited's domestic travel insurance policy, that it ought reasonably to have known was false in a material particular or materially misleading, and the information was likely to induce persons in these jurisdictions to acquire financial products, contrary to ss 1041E(1) and 1311(1) of the Corporations Act 2001 (Cth) and is guilty of that offence particularised in the indictment of 14 September 2023. (5) The Court records that between 11 February 2016 and 6 June 2018, at Sydney in the State of New South Wales and in other referring jurisdictions within the Commonwealth of Australia, Allianz Australia Insurance Limited disseminated information that was false in a material particular or materially misleading, namely information published on the compare cover options landing page of its website regarding Allianz Australia Insurance Limited's domestic travel insurance policy, that it ought reasonably to have known was false in a material particular or materially misleading, and the information was likely to induce persons in these jurisdictions to acquire financial products, contrary to ss 1041E(1) and 1311(1) of the Corporations Act 2001 (Cth) and is guilty of that offence particularised in the indictment of 14 September 2023. (6) The Court records that between 11 February 2016 and 6 June 2018, at Sydney in the State of New South Wales and in other referring jurisdictions within the Commonwealth of Australia, Allianz Australia Insurance Limited disseminated information that was false in a material particular or materially misleading, namely information published on the rental car excess insurance landing page of its website regarding Allianz Australia Insurance Limited's domestic travel insurance policy, that it ought reasonably to have known was false in a material particular or materially misleading, and the information was likely to induce persons in these jurisdictions to acquire financial products, contrary to ss 1041E(1) and 1311(1) of the Corporations Act 2001 (Cth) and is guilty of that offence particularised in the indictment of 14 September 2023. (7) In respect of the foregoing six offences, taking into account the 25% discount for the plea of guilty, the Court imposes an aggregate or single sentence, being a fine of $13,500,000. Catchwords: CRIME — Sentencing — Federal offences — Corporate offender — Disseminating false or misleading information — Corporations Act Legislation Cited: Corporations Act 2001 (Cth), ss 912C, 912D, 1041E, 1041G, 1311, 1311C Crimes Act 1914 (Cth), ss 4K, 16A, 16AC, 16C Cases Cited: Barbaro v The Queen; Zirilli v The Queen (2014) 253 CLR 58; [2014] HCA 2 Markarian v The Queen (2005) 228 CLR 357: [2005] HCA 25 The King v Jacobs Group (Australia) Pty Ltd [2023] HCA 23 Veen v The Queen (No 2) (1988) 164 CLR 465; [1988] HCA 14 Category: Sentence Parties: Proceedings 2020/362580 Rex (Crown) Allianz Australia Insurance Ltd (Accused)