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Litigation and Dispute Resolution
Count Financial: Scott is defending Count in a class action proceeding before the Federal Court in relation to alleged breaches of the ASIC Act, Australian Consumer Law and Corporations Act. The matter has significant implications for the broader financial services industry in relation to the treatment of commissions paid to advisers for financial products.
Apple Inc and Apple Pty Ltd: Scott is defending Apple in the biggest Part IV case presently being conducted in the Federal Court of Australia in proceedings commenced by Epic Games (the creator of Fortnite) and in related but separate class action proceedings commenced on behalf of App Store consumers and developers seeking compensation arising from alleged overpayments.
Port of Newcastle: Scott advised the Port on a range of access disputes, including before the High Court of Australia and the Australian Competition Tribunal.
ANZ: Scott acted for ANZ in an ASIC investigation and enforcement action into alleged market manipulation in the BBSW market, and successfully settled civil penalty proceedings commenced in the Federal Court.
Macquarie Bank: Scott has acted for the Bank on a range of litigious financial planning matters.
New South Wales Government: Scott advised a NSW Government Department in relation to an internal investigation over the allocation of coal exploration licences.
See Litigation and Dispute Resolution
Financial Services Regulatory
CBA: Scott regularly advises CBA on ASIC enforcement matters and in responding to statutory notices.
CBA: Scott successfully defended CBA in ASIC enforcement proceedings in relation to CBA's charging of Monthly Account Fees. The proceedings were significant for CBA given the number of allegedly impacted customers and accounts and the manner in which ASIC framed its systems and processes case.
CBA / APRA inquiry: Scott advised CBA in relation to APRA's inquiry into governance, culture and accountability in 2017 and 2018. Scott was responsible for preparing over 70 of the Bank's leadership team (including CBA Board members) to give their evidence to APRA and in responding to multiple requests from APRA for documentary evidence and written submissions.
CBA: Scott advised the Bank on its Open Advice Review program, open to any customer who had received financial advice from CBA's financial planning businesses. This matter was particularly sensitive due to the controversy regarding the financial advice industry and is still one of the most contentious issues currently faced by the Australian legal sector.
ANZ: Scott acted for ANZ in an ASIC investigation and enforcement action into alleged market manipulation in the BBSW market, and successfully settled civil penalty proceedings commenced in the Federal Court.
Commonwealth Financial Planning and Financial Wisdom: Scott was involved in designing and implementing a large scale remediation program designed to meet revised licence conditions imposed by ASIC.
See Financial Services Regulatory
Investigations and Crisis Management
Royal Commission into the Robodebt Scheme: Scott is acting for the former Prime Minister of Australia, The Hon. Scott Morrison MP in relation to the Robodebt Royal Commission. The outcomes of the Robodebt Royal Commission may have an impact on the workings of Government, including its budget process, as well as the responsibilities of Ministers, their staff and the departments and agencies within their remit.
Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability: Scott is acting for Sunnyfield Disability Services in relation to all aspects of the Disability Royal Commission.
Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry: Scott was one of the lead Clayton Utz partners who advised CBA on all aspects of the Banking Royal Commission and every round of hearings.
Royal Commission into Aged Care Quality and Safety: Scott acted for Anglicare, one of the largest providers of aged care services in Australia. Scott's role involved providing strategic advice to the Board and management on how best to prepare for the Royal Commission and manage any negative publicity arising from its participation in hearings.
Royal Commission into Natural disasters (Bushfires): Scott advised nbn in the Bushfire Royal Commission; including drafting written submissions and preparing nbn witnesses to give evidence to the Royal Commission.
See Investigations and Crisis Management
Class Actions
Count Financial: Scott is defending Count in a class action proceeding before the Federal Court in relation to alleged breaches of the ASIC Act, Australian Consumer Law and Corporations Act. The matter has significant implications for the broader financial services industry in relation to the treatment of commissions paid to advisers for financial products.
Apple Inc and Apple Pty Ltd: Scott is representing Apple in the biggest Part IV case presently being conducted in the Federal Court of Australia in proceedings commenced by Epic Games (the creator of Fortnite) and in related but separate class action proceedings commenced on behalf of App Store consumers and developers seeking compensation arising from alleged overpayments.
See Class Actions