FACTFILE

There are multiple Supreme Court actions against Bankwest in NSW alone.

Day 1 – Senate Inquiry 08 August 2012

Banking Sector Senate Inquiry

Terms of Reference

Established 14 March 2012

a) The impact of international regulatory changes on the Australian Banking Sector, particularly including changes to liquidity and capital holding requirements;

b) The impact on relative shares of specific banking markets;

c) The current cost of funds for lending purposes;

d) The impact on borrowing and lending practices in the banking sector both during and since the Global Financial Crisis;

e) The need for further consideration of the state of the broader finance and banking sector; andf) Any other relevant matters

Bankwest in Litigation- look at the matters Listed in supreme court NSW this week alone.

Find the cases via the court search buttons.

To view this week’s matters- click on the link below, type “bank of western australia” select date-“All Weeks” and then click the search button.

Search NSW Court

STATE BY STATE

QLDPost CBA court cases: 163

Prior CBA purchase: 19VICPost CBA court cases: 233

Prior CBA purchase: 86WAPost CBA court cases: 39

Prior CBA purchase: 7

TASPost CBA court cases: 4Prior CBA purchase: 1

Note: Since when CBA took control on 19 Dec 2008, court cases exploded right across Australia. THE PATTERN APPEARS TO SPEAK FOR ITSELF

CRIMES ACT 1900 – SEC 192G

Intention to defraud by false or misleading statement

192G Intention to defraud by false or misleading statement

A person who dishonestly makes or publishes, or concurs in making or publishing, any statement (whether or not in writing) that is false or misleading in a material particular with the intention of:

(1) A director or other officer of a corporation commits an offence if they:

(a) Obtaining property belonging to another, or

(b) obtaining a financial advantage or causing a financial disadvantage,

is guilty of an offence. Maximum penalty: Imprisonment for 5 years.

CORPORATIONS ACT 2001 – SECT 184

Good faith, use of position and use of information–criminal offences

Good faith–directors and other officers

(1) A director or other officer of a corporation commits an offence if they:

(a) are reckless; or

(b) are intentionally dishonest;

and fail to exercise their powers and discharge their duties:

(d) for a proper purpose.

CORPORATIONS ACT 2001 – SECT 182

Use of position–civil obligations

Use of position–directors, other officers and employees

(1) A director, secretary, other officer or employee of a corporation must not improperly use their position to:

(a) gain an advantage for themselves or someone else; or

(b) cause detriment to the corporation.

Note: This subsection is a civil penalty provision (see section 1317E).

(2) A person who is involved in a contravention of subsection (1) contravenes this subsection.

Note 1: Section 79 defines involved.

Note 2: This subsection is a civil penalty provision (see section 1317E).

CORPORATIONS ACT 2001 – SECT 420A

Controller’s duty of care in exercising power of sale

(1) In exercising a power of sale in respect of property of a corporation, a controller must take all reasonable care to sell the property for:

(a) if, when it is sold, it has a market value–not less than that market value; or

(b) otherwise–the best price that is reasonably obtainable, having regard to the circumstances existing when the property is sold.

(2) Nothing in subsection (1) limits the generality of anything in section 180, 181, 182, 183 or 184.