Powered by MOMENTUM MEDIA
subscribe to our newsletter

CBA served with another shareholder class action

The major bank has said that it will “vigorously defend” a new class action proceeding being brought against it on behalf of some of its shareholders.

The proceeding, filed by law firm Phi Finney McDonald in the Federal Court of Australia, is on behalf of certain shareholders who acquired an interest in CBA’s shares between 16 June 2014 and 3 August 2017 (inclusive). Litigation funders Therium Australia Limited has agreed to fund the case.

The class action will seek to recover “some of the loss in share value suffered by investors because of CBA’s alleged failure to disclose material information to the market”.

The big four bank has previously admitted to several contraventions of Australia’s Anti-Money Laundering and Counter-Terrorism Financing (AML/CTF) Act and agreed to pay a civil penalty of $700 million together with the $2.5 million paid by the Australian government’s financial intelligence agency to resolve its civil proceedings against the bank.

While the civil case has been settled, this new class action (the latest of its kind brought by CBA shareholders) alleges that CBA breached its continuous disclosure obligations, and engaged in “misleading or deceptive conduct”, by failing to inform investors prior to August 2017 that:

Advertisement
Advertisement
  • It had failed to assess the risk of money laundering and terrorism financing activity in relation to the “intelligent” deposit machines (IDMs) between May 2012 and July 2015.
  • It had failed to monitor customer transactions, including potential money laundering and terrorism financing activity, on a significant number of accounts.
  • It had not reported a significant number of threshold transactions to AUSTRAC on IDMs on time.
  • It had failed to report a number of suspicious transactions to AUSTRAC, including some transactions that related to the financing of terrorism.
  • Its systems for identifying and managing money laundering and terrorism financing risks were deficient.
  • It had been contacted by AUSTRAC and other agencies about its compliance with the Act in respect of some of the above matters.

Phi Finney McDonald alleges that, due to the bank’s failure to inform its investors of the above, CBA’s share price was artificially inflated.

The law firm has said that it is therefore seeking compensation for investors that purchased shares between 16 June 2014 and 3 August 2017 for “the loss and damage they suffered when acquiring CBA shares at an inflated price”.

PROMOTED CONTENT


>The proceeding, filed by law firm Phi Finney McDonald in the Federal Court of Australia, is on behalf of certain shareholders who acquired an interest in CBA’s shares between 16 June 2014 and 3 August 2017 (inclusive). Litigation funders Therium Australia Limited has agreed to fund the case.

The class action will seek to recover “some of the loss in share value suffered by investors because of CBA’s alleged failure to disclose material information to the market”.

The big four bank has previously admitted to several contraventions of Australia’s Anti-Money Laundering and Counter-Terrorism Financing (AML/CTF) Act and agreed to pay a civil penalty of $700 million together with the $2.5 million paid by the Australian government’s financial intelligence agency to resolve its civil proceedings against the bank.

While the civil case has been settled, this new class action (the latest of its kind brought by CBA shareholders) alleges that CBA breached its continuous disclosure obligations, and engaged in “misleading or deceptive conduct”, by failing to inform investors prior to August 2017 that:

  • It had failed to assess the risk of money laundering and terrorism financing activity in relation to the “intelligent” deposit machines (IDMs) between May 2012 and July 2015.
  • It had failed to monitor customer transactions, including potential money laundering and terrorism financing activity, on a significant number of accounts.
  • It had not reported a significant number of threshold transactions to AUSTRAC on IDMs on time.
  • It had failed to report a number of suspicious transactions to AUSTRAC, including some transactions that related to the financing of terrorism.
  • Its systems for identifying and managing money laundering and terrorism financing risks were deficient.
  • It had been contacted by AUSTRAC and other agencies about its compliance with the Act in respect of some of the above matters.

Phi Finney McDonald alleges that, due to the bank’s failure to inform its investors of the above, CBA’s share price was artificially inflated.

The law firm has said that it is therefore seeking compensation for investors that purchased shares between 16 June 2014 and 3 August 2017 for “the loss and damage they suffered when acquiring CBA shares at an inflated price”.

The major bank has confirmed today that it has been served with a class action proceeding filed by Phi Finney McDonald and “intends to vigorously defend this new claim”.

[Related: CBA shareholders file Federal Court class action]

CBA served with another shareholder class action
Commonwealth Bank of Australia
mortgagebusiness

If you’re feeling overworked and overwhelmed in this fast-paced mortgage market, it’s time to make some changes, and the Business Accelerator Program can help! Tickets are on sale now. Work smarter, not harder, this year.

Annie Kane

Annie Kane is the editor of The Adviser and Mortgage Business.

As well as writing about the Australian broking industry, the mortgage market, financial regulation, fintechs and the wider lending landscape – Annie is also the host of the Elite Broker and In Focus podcasts and The Adviser Live webcasts. 

Contact Annie at: This email address is being protected from spambots. You need JavaScript enabled to view it.

Latest News

Australian buy now, pay later giant Afterpay is set to be acquired by a San Francisco payments fintech, in a deal worth approximately $39 bi...

There has been sustained robust growth in home lending driven by strong owner-occupied lending and faster growth in investor housing, accord...

The prudential regulator has launched a week-long consultation on its regulatory approach for banks offering temporary financial assistance ...

Join Australia's most informed brokers

Do you know which lenders are providing brokers and their customers with the best service?

Use this monthly data to make informed decisions about which lenders to use. Simply contribute to the survey and we'll send you the results directly to your inbox - completely free!

How long do you think it should take to discharge a mortgage?

Website Notifications

Get notifications in real-time for staying up to date with content that matters to you.