Dominique Hogan-Doran SC
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Recent Hearings

Filtering by Category: Industry Regulation

Registered Organisations Commissioner v Communications, Electrical and Plumbing Union of Australia

Dominique Hogan-Doran SC

Appearing for the Registered Organisations Commissioner, the Commonwealth workplace relations regulator, in civil penalty proceedings against the Communications, Electrical and Plumbing Union of Australia for contraventions of s 233(2) and s 230(1) of the Fair Work (Registered Organisations) Act 2009 (Cth) re notification of changes to office holders.

Unsuccessful mediations in July and August 2018. Following a case management conference on 25 September 2018, and 18 December 2018, the matter has been sent for a 2 week hearing in June 2019.

Royal Commission into Misconduct in the Banking, Financial Services and Superannuation Industry

Dominique Hogan-Doran SC

Appeared for the Commonwealth Bank of Australia (Aussie Home Loans), briefed by Clayton Utz (from February 2018), in hearings into Consumer Lending and the conduct of fraudulent mortgage brokers and compliance with the responsible lending obligations in Ch 3 of the National Consumer Credit Protection Act 2009 (Cth).

>> Closing Submissions for Aussie Home Loans

>> Interim Report released 28 September 2018

The Royal Commissioner, former High Court of Australia Justice, the Hon. Kenneth Hayne AC QC, is due to deliver his Final Report in February 2019.

Royal Commission into Misconduct in the Banking, Financial Services and Superannuation Industry

ACCC v Husqvarna Australia (franchise arrangements)

Dominique Hogan-Doran SC

For Husqvarna Australia, an outdoor power products subsidiary of Swedish manufacturer Husqvarna Group, assisting it obtain a speedy and satisfactory resolution of an Australian Competition and Consumer Commission investigation (instructed by Holman Webb).

>> On 29 August 2018, the ACCC accepted Husqvarna's Court Enforceable Undertaking noting the ACCC’s concerns Husqvarna’s “dealership agreements” may have contravened provisions of the Franchising Code of Conduct, and consequently s 51ACB of the Competition and Consumer Act 2010 (Cth), and made misleading representations in breach of ss 18 and 29(1)(m) of the Australian Consumer Law. Husqvarna cooperated with the ACCC’s investigation and has rewritten its dealership agreements to comply with the Code and the CCA. It has also undertaken not to enforce the terms in its existing agreements which the ACCC considered were likely to be unfair contract terms.

Inquiry into Water Compliance and Enforcement in NSW

Dominique Hogan-Doran SC

Appeared for WaterNSW (NSW's bulk water supplier and statutory licensing authority under the Water NSW Act 2014 (NSW) and the Water Management Act 2010 (NSW)), instructed by Norton Rose Fulbright.

>> On 8 March 2018, the Ombudsman tabled a Special Report in the NSW Parliament in relation to a related investigation into WaterNSW's inadvertent provision of incorrect statistical information to the Ombudsman as to the enforcement actions that had been taken by or on behalf of WaterNSW.

>> On 17 August 2018, the Ombudsman tabled a further Special Report in the NSW Parliament of an investigation into the administration of water compliance and enforcement in NSW.

Canberra Raiders Sports Club Ltd v ACT Gambling & Racing Commission (2018) ACTSC

Dominique Hogan-Doran SC

For Canberra Raiders Sports Club Ltd against ACT Gambling & Racing Commission in proceedings in the Supreme Court of the ACT and merits review proceedings in the ACT Civil and Administrative Tribunal in challenge to imposition of financial penalty & additional licence conditions under the Gaming Machine Act 2004 (ACT).

>> On 14 June 2018, the disciplinary action was successfully set aside and substituted with a reprimand.

Charitable Fundraising by RSL LifeCare

Dominique Hogan-Doran SC

For RSL LifeCare Limited, a veterans and aged care charity and subsidiary of the Returned Services League of Australia (NSW Branch), instructed by PWC and Clayton Utz, in 10 weeks of hearings held between August and December 2017, into alleged misuse of charitable funds and breaches of the Charitable Fundraising Act 1991 (NSW) by the Returned Services League of NSW, its related entities, directors and officers.

>> Written Closing Submissions for RSL LifeCare

>> Oral Closing Address for RSL LifeCare

>> On 31 January 2018, the Public Inquirer, former Supreme Court of NSW Chief Judge in Equity, the Hon. Patrica Bergin SC, delivered her Report to the NSW Parliament.

>> On 16 May 2018, a related investigation by the Australian Charities and Not-for-profits Commission into the Returned Services League of NSW and RSL LifeCare in relation to breaches of the Governance Standards under the Australian Charities and Not-for-profits Commission Act 2012 (Cth) was resolved, with the ACNC accepting Enforceable Undertakings from the RSL charities.

'Poles & Wires' Privatisation of State Electricity Network Assets

Dominique Hogan-Doran SC

Conducted negotiations with NSW Treasury on behalf of the Trustee of the Energy Industry Superannuation Scheme, resulting in landmark agreement with State of NSW for the future funding of the defined benefit pension schemes as part of the NSW "Poles and Wires" privatisation of the State's electricity network assets pursuant to the Electricity Network Assets (Authorised Transactions) Act 2015 (NSW), instructed direct.

Special Commission of Inquiry into the Greyhound Racing Industry

Dominique Hogan-Doran SC

For dismissed Chief Executive Officer of industry regulator Greyhound Racing NSW, instructed by Norton Rose Fulbright and Clayton Utz Sydney, in hearings held between September 2015 and February 2016.

On 16 June 2016, the Commissioner, former High Court Justice, Michael McHugh QC, delivered his final report to the NSW Parliament.  The final report was released on 7 July 2016, at which time the NSW Government announced plans to close down the industry, however, those plans were subsequently reversed.

>> Media coverage.

>> Volume 1  Volume 2  Volume 3  Amendments to the report