Dominique Hogan-Doran SC has a national practice in corporate and commercial matters including banking & financial services, trusts & superannuation; regulatory compliance and enforcement action; and public inquiries involving governance & integrity issues.
2018 matters
Royal Commissions and Public Inquiries
Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry
Consumer Lending: Commonwealth Bank of Australia (Aussie Home Loans, from February 2018), briefed by Clayton Utz - more ...
Superannuation: Trustee of an industry superannuation fund, briefed by Hall & Wilcox
WaterNSW, briefed by Norton Rose Fulbright - NSW Ombudsman's investigation more ...
RSL LifeCare Ltd, briefed by PWC & Clayton Utz - NSW Public Inquiry into Charitable Fundraising and the Australian Charities and Not-for-profits Commission's investigation & enforcement action (Enforceable Undertaking accepted) - more ...
Regulatory Investigations & Enforcement
For major financial advisory licensee in ASIC enforcement action re “fees for no service” & remediation plan - briefed by Sparke Helmore
Canberra Raiders Sports Club, briefed by Snedden, Hall & Gallop, Canberra - ACT Supreme Court and ACT Civil & Administrative Tribunal proceedings against ACT Gambling & Racing Commission (successfully set aside civil penalty & licence conditions, reprimand substituted) - more ...
Registered Organisations Commissioner, briefed by Lander & Rogers, Melbourne - Federal Court civil penalty proceedings against Communications, Electrical, and Plumbing Union of Australia - more ...
Husqvarna Australia, briefed by Holman Webb - Australian Competition and Consumer Commission investigation into Husqvarna franchise arrangements (Enforceable Undertaking accepted) - more ...
Trusts & Superannuation
Trustee of major retail bank superannuation scheme, briefed by MinterEllison - re successor fund transfer proposal
Trustee of a major retail bank superannuation scheme, briefed by K&L Gates - re insurance governance arrangements
Victorian beneficiary of a substantial testamentary trust, briefed by Bradley, Allen, Love, Canberra - Supreme Court of Queensland judicial advice application (distribution directed) - more ...
a Queensland financial advisor, briefed by Hall & Wilcox - in re potential enforcement action by the Australian Securities and Investments Commission for alleged contraventions of the conflicted remuneration prohibition & SMSF advice - more ...
Trustee of an industry superannuation fund in the energy sector, briefed by Sparke Helmore - re its defined benefits pension scheme
Commercial Disputes
Supreme Court of NSW termination of winding up: Re Bridgeland Investment - more …
For an international distributor of fire safety panels
For a wagering operator re contractual obligations following introduction of a new taxClass Actions & Grouped Disputes
Various funders & insureds - class actions (continuous disclosure & consumer protection) - prospects & coverage opinions
Greek Atlas League Inc - Supreme Court of NSW proceedings re community association elections (orders made confirming result) - more ...
Earlier Cases
Corporate & Financial Regulation
MF Global Australia Clients, briefed by Arnold Bloch Liebler: In re MF Global Australia Ltd (in liq) [2012] NSWSC 994; In re MF Global Australia Ltd (in liq) (No 2) [2012] NSWSC 1426; (2012) 267 FLR27.
MFS (now known as Octaviar) Class Action - for Founder/Chair Michael King, in defence of $423 million class action for alleged breaches of Corporations Act 2001 (Cth), ss 208, 601EA, 601FC, 601FD, 601HA, 601HG; approval of compromise: Mercedes Holdings Pty Limited v Waters (No 6) [2012] FCA 1412.
Investor representative in Federal Court's Victorian Registry winding up of unregistered managed investment scheme including ZMB Australia Pty Ltd v Warne [2011] FCAFC 65 appeal from ASIC v GDK [2010] FCA 710 & ASIC v GDK (No 6) [2010] FCA 1092; ASIC v GDK (No 8) [2011] FCA 997 (ex parte approval of compromise); AVS Property Pty Ltd v McMaster [2010] FCAFC 81; (2010) 79 ACSR 89
For ASIC in James Hardie civil penalty proceedings, briefed by Clayton Utz: ASIC v Macdonald (No 12) [2009] NSWSC 714; 73 ACSR 638 and ASIC v Macdonald (No 11) [2009] NSWSC 287; (2009) 71 ACSR 368.
Special Commission of Inquiry into The Medical Research & Compensation Foundation (the James Hardie Inquiry) - Junior Counsel Assisting the Commission (2004).
Commonwealth Royal Commission into collapse of HIH Insurance Ltd - for international reinsurer Hannover Re & senior executives (2001-2003). Later appeared in defence of disqualification proceedings by the Australian Prudential Regulation Authority: X & Ors v Australian Prudential Regulation Authority [2007] HCA 4; (2007) 226 CLR 630 on appeal from Applicant Y v APRA [2006] FCAFC 37, on appeal from Applicant X v APRA [2005] FCA 1288; (2006) 14 ANZ Ins Cases 61 (2004-2007). Also appeared in defence of shareholder class action: Johnstone v HIH Insurance Limited [2004] FCA 1414; Johnstone v HIH Limited [2004] FCA 190 (settled, 2005).
Integrity & Compliance
ICAC – Operation Credo (Australian Water Holdings) - for Senator the Hon. Arthur Sinodinos AO, former Chairman of Australian Water Holdings Pty Limited; also acted in successful defence of Federal Court claim by minority shareholders (2014-2017).
ICAC – Operation Spicer (Political Donations) - for Sen. the Hon. Arthur Sinodinos AO, former Treasurer, Liberal Party of Australia (NSW Division) (2014-2016). Also acted in related investigation by the NSW Electoral Commission (2016-2017).
Special Commission of Inquiry into the Greyhound Racing Industry in NSW - for Chief Executive Officer of state regulator Greyhounds NSW, briefed by Norton Rose Fulbright and Clayton Utz (2015-2016).