Described by clients as "amazing, incredibly pragmatic, commercial, and engaged", Ross McInnes traverses the lifecycle of mass consumer disputes ‒ from early investigation and regulatory engagement, to developing and implementing remediation programs, and managing litigation and class action disputes ‒ so clients can understand and manage the risks at every stage.

Knowing that regulator investigations, enforcement and remediation can be precursors to class action litigation, Ross will often become involved at an early stage in contentious matters, to resolve consumer disputes and proactively manage class action risk.

Ross has also been intimately involved in some of Australia's most recent large-scale consumer remediation programs. Starting with the initial strategic management of the issues, Ross works to implement and develop the consumer remediation programs, and, once they are operational, give ongoing strategic advice.

Ross is well known in the market as "being already "prominent in the class action space" and recognised as "very sensible, with a safe and experienced pair of hands." He is particularly well known for his representation of banking clients facing regulatory investigation or consumer remediation litigation. (Chambers Asia-Pacific 2020).

Read More

Expertise

Expand all

Litigation and Dispute Resolution

Commonwealth Bank of Australia - Royal Commission into Financial Services (including customer case reviews): Ross was the lead Partner assisting CBA in its response to the Financial Services Royal Commission.  As part of that role, Ross was able to provide support and advice to CBA in navigating what was an incredibly high-stakes and detailed review in to its historic and current practices that was the subject of significant public scrutiny. 

ASIC Investigations and enforcements: Ross is currently assisting CBA in its response to a number of ASIC investigations, and enforcement matters commenced by ASIC in the Federal Court of Australia in respect of various retail and business banking products. 

Regulatory investigations: Ross is also currently acting for a number of C-Suite individuals from a range of clients who are the subject of ASIC investigation (and potential enforcement matters).

CBA Class Actions:

  • Consumer Credit Insurance (CBA and CMLA): Advising in their response to a class action commenced in the Federal Court of Australia concerning the sale of consumer credit insurance products.
  • Count Financial: Assisting in its response to a class action commenced in the Federal Court of Australia concerning financial product advice and receipt and retention of commissions.

AMP Life class action: Acting in a Federal Court class action in which members of AMP superannuation funds seek compensation for alleged loss and damage caused by excessive account fees.

Governance, compliance and risk advice: Ross has provided advice to CBA and other clients in respect of governance and compliance issues which has allowed him to develop a deep understanding of governance issues that arise within large and complex organisations.

CBA APRA Inquiry: Ross advised CBA in relation to all aspects of APRA's Prudential Inquiry into CBA's governance, culture and accountability, particularly the bank's approach in dealing with non-financial risks.  Ross and his team continue to advise CBA in respects of inquiries made by APRA following the Prudential Inquiry.

Commonwealth Bank of Australia: Ross advised the Bank on its Open Advice Review program, open to any customer who had received financial advice from CBA's financial planning businesses between 2003 and 2012. This matter was particularly sensitive due to the controversy regarding the financial advice industry. The CBA Program, which was a whole of business, customer-focused remediation Program, was the largest program of its type in Australia and extremely important to the CBA business and brand.

Merck & Co Inc and MSDA: Ross acted in one of the largest product liability class actions before the Australian courts, in the defence of claims by hundreds of group members who alleged they suffered cardiovascular injuries as a result of their consumption of the client's drug.

Eli Lilly: Ross acted for Lilly in a number of threatened class action claims. Clayton Utz assisted Eli Lilly in its defence of a complex class action dispute involving a number of defendants. There were two class actions proceeding involving a class of drugs prescribed for the treatment of Parkinson's disease.

Department of Defence: Ross successfully defended a class action commenced by former RAAF workers concerning exposure to toxic chemicals. Procedural and jurisdiction challenges to the class action resulted in the original class actions being struck out a few months after being filed

Fees for no service: Ross has advised a number of financial services entities on fees for no service issues, including remediation design and implementation and strategic advice in relation to regulator engagement..

See Litigation and Dispute Resolution

Class Actions

AMP Life: Acting in a Federal Court class action in which members of AMP superannuation funds seek compensation for alleged loss and damage caused by excessive account fees.

CBA and Colonial Mutual Life Assurance: Ross is currently advising CBA and CMLA in their response to a class action commenced in the Federal Court of Australia concerning the sale of credit insurance products.

Count Financial Limited: Ross is currently assisting Count Financial Limited in its response to a class action commenced in the Federal Court of Australia concerning financial product advice.

Citibank: Acted for Citibank in the "bank exception fees" class action. This matter was part of a large suite of class actions brought against the banks involving a purpose built litigation funder who funded the claims.

Storm Financial: Ross advised the Commonwealth Bank of Australia in its defence of a class action brought by former clients of Storm Financial in the Queensland Registry of the Federal Court. The trial ran for eight months and encompassed more than 60 sitting days.  The matter ultimately settled in late 2014 before judgment was handed down.

Merck & Co Inc and MSDA: Ross acted in one of the largest product liability class actions before the Australian courts, in the defence of claims by hundreds of group members who alleged they suffered cardiovascular injuries as a result of their consumption of the client's drug.

Eli Lilly: Acted for Lilly in a number of threatened class action claims. Clayton Utz assisted Lilly in its defence of a complex class action dispute involving a number of defendants. There were two class actions proceeding involving a class of drugs prescribed for the treatment of Parkinson's disease.

Class action advice: Ross has advised a range of clients considering mergers and acquisitions of target companies with class action liabilities. He has been involved in a number of transactions where the exposure to potential class actions has had a significant impact on the proposed acquisition.

Department of Defence: Ross successfully defended a class action commenced by former RAAF workers concerning exposure to toxic chemicals. Procedural and jurisdiction challenges to the class action resulted in the original class actions being struck out a few months after being filed.

See Class Actions

Investigations and Crisis Management

Commonwealth Bank of Australia - Royal Commission into Financial Services (including customer case reviews): Ross led the Clayton Utz team acting for CBA in the Financial Services Royal Commission. As part of that work Ross led a team who reviewed numerous customer cases who were called to give evidence before the Commission. Ross is now leading a team responsible for the review of a number of long outstanding customer complaints.

CBA APRA Inquiry: Ross advised CBA in relation to all aspects of APRA's Prudential Inquiry into CBA's governance, culture and accountability, particularly the bank's approach in dealing with non-financial risks.  Ross and his team continue to advise CBA in respects of inquiries made by APRA following the Prudential Inquiry.

ASIC Investigations and enforcements: Ross is currently assisting CBA in its response to a number of ASIC investigations, and enforcement matters commenced by ASIC in the Federal Court of Australia in respect of various retail and business banking products. 

Regulatory investigations: Ross is acting for a number of C-Suite individuals from a range of clients who are the subject of ASIC investigation (and potential enforcement matters).

Internal investigations: Ross has conducted internal investigations in relation to compliance and risk issues for a number of clients.      

Governance, compliance and risk advice: Ross regulatory provides compliance advice in relation to a range of matters for a number of clients. He provides financial services clients with advice on the implementation and compliance risks associated with the Banking Executive Accountability Regime.

See Investigations and Crisis Management

Product Liability

Merck & Co Inc and MSDA: Ross acted in one of the largest product liability class actions before the Australian courts, in the defence of claims by hundreds of group members who alleged they suffered cardiovascular injuries as a result of their consumption of the client's drug.

Eli Lilly: Acted for Lilly in a number of threatened class action claims. Clayton Utz is currently assisting Lilly in its defence of a complex class action dispute involving a number of defendants. There were two class actions proceeding involving a class of drugs prescribed for the treatment of Parkinson's disease. 

See Product Liability

Pharmaceutical and Medical Devices

Pharma regulatory and pricing: Ross works with the Product Liability team servicing a suite of clients and assisting them with regulatory and pricing advice and disputes.

Merck & Co Inc and MSDA: Ross acted in one of the largest product liability class actions before the Australian courts, in the defence of claims by hundreds of group members who alleged they suffered cardiovascular injuries as a result of their consumption of the client's drug.

Eli Lilly: Acted for Lilly in a number of threatened class action claims. Clayton Utz assisted Lilly in its defence of a complex class action dispute involving a number of defendants. There were two class actions proceeding involving a class of drugs prescribed for the treatment of Parkinson's disease.

St Jude Medical Inc: Ross acted in the defence of the resolution of class actions that were brought against St Jude Medical in relation to implantable cardiac pacemakers.

See Pharmaceutical and Medical Devices

Knowledge

    Related knowledge information is loading