“Could the Banking Executive Accountability Regime be the next important step in corporate law?

"On 3 August 2017, the Australian Transaction Reports and Analysis Centre (AUSTRAC) commenced legal proceedings against CBA in the Federal Court of Australia (proceedings NSD1305/2017).

Round 2 of public hearings at the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry (‘the Banking Royal Commission’) will conclude today (it ran for 2 weeks from 16 April until 27 April). The focus of these hearings has been on financial advice.

On any view, the reality is that there is an undeniable power imbalance in favour of the banks. It has been that way since the 1980s.

The initial public hearing took care of the formalities, with the terms of reference being read on to the record, and the objectives and requirement of the commission being outlined by the commissioner, the honourable Kenneth Hayne AC QC.

“In November last year, after much resistance, the government had a change of heart and finally announced a Royal Commission (RC) into the banking sector (let us put to the side for the moment that the government made this announcement shortly after receiving a request from the big 4 banks to do so).

I am embarking on a research project that carefully examines ASIC’s powers, processes and conduct, and you will be able to read more about that here as I progress.

“A review into the four major banks in Australia (CBA, ANZ, NAB and Westpac) was requested by the treasurer on 13 September 2016. The House of Representatives Standing Committee on Economics (the Committee), chaired by David Coleman MP, issued its First Report on 24 November 2016.

“There is a constant flurry of commentary in the media regarding our banks - scandal about banks manufacturing defaults under customer loans; changing the goal posts on customers without any proper basis whatsoever; inherent banking culture issues; remuneration of executives; and the nature of statements and submissions made by the CEOs of the Big 4 banks at recent parliamentary Inquiries and Reviews.