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Litigation and Dispute Resolution
Commonwealth Bank of Australia - Royal Commission into Financial Services: 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. He provides the Bank with a portfolio overview of most of its regulatory investigation and enforcement matters, having developed a deep relationship with the ASIC investigation and enforcement teams.
C-Suite representation: Ross has acted for a number of C-Suite individuals from a range of clients who are the subject of ASIC investigation (and potential enforcement matters), including assisting them to prepare for regulatory examination.
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.
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.
See Litigation and Dispute Resolution
Financial Services Regulatory
Commonwealth Bank of Australia - Royal Commission into Financial Services: 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. He provides the Bank with a portfolio overview of most of its regulatory investigation and enforcement matters, having developed a deep relationship with the ASIC investigation and enforcement teams.
C-Suite representation: Ross has acted for a number of C-Suite individuals from a range of clients who are the subject of ASIC investigation (and potential enforcement matters), including assisting them to prepare for regulatory examination.
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.
See Financial Services Regulatory
Class Actions
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.
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.
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.
See Class Actions
Investigations and Crisis Management
Commonwealth Bank of Australia - Royal Commission into Financial Services: 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.
Internal investigations: Ross has conducted numerous internal investigations in relation to compliance and risk issues for a number of clients.
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.
C-Suite Representation: Ross has acted for a number of C-Suite individuals from a range of clients who are the subject of ASIC investigation (and potential enforcement matters), including assisting them to prepare for regulatory examination.
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