ob体育 has commenced legal action in the Federal Court of Australia against Huntley Management Limited (Huntley), an Australian financial services licence holder and responsible entity of managed investment schemes.
Huntley has admitted to two contraventions of s12DB(1)(e) of the Australian Securities and Investments Commission Act 2001 (Cth) (ob体育 Act) and the parties have filed a Statement of Agreed Facts.
ob体育 and Huntley have agreed that Huntley failed to comply with the ob体育 Act by making the statement that it 'acts as responsible entity, custodian, trustee and/or manager for over 40 managed investment projects approved by the Australian Securities and Investments Commission' (statement):
- on its website between 21 September 2010 and 7 October 2015; and
- in a national newspaper on 25 November 2014 and 11 February 2015.
ob体育 and Huntley agreed that the statement was false or misleading because ob体育 did not approve the investment projects referred to in the statement; ob体育 merely registered these projects, which were managed investment schemes.
The Court will hear joint submissions from ob体育 and Huntley as to the appropriate penalty amounts. The final penalty amount is a matter that will be determined by the Court.
The proceedings are listed for a case management hearing on 25 October 2016.
Background
Regulatory guide 234 Advertising Financial Products and Services (including credit): Good Practice Guidance () provides guidance to help promoters comply with their legal obligations not to make false or misleading statements or engage in misleading and deceptive conduct.