Chapter 1 - Introduction

[1]        Journals of the Senate, No. 30, 16 February 2017, pp. 1000–1001.

[2]        Journals of the Senate, No. 60, 11 September 2017, p. 1935; Journals of the Senate, No.72, 27 November 2017, p. 2284.

[3]        Journals of the Senate, No. 30, 16 February 2017, pp. 1000–1001.

[4]        Senate Select Committee on Lending to Primary Production Customers, www.aph.gov.au/Parliamentary_Business/Committees/Senate/Lending_to_Primary_Production_Customers/LendingPrimaryProducion (accessed 4 October 2017).

Chapter 2 - Background

[1]        Legal Aid Queensland, Submission 6, p. 3.

[2]        ANZ, Submission 8, p. 3.

[3]        Legal Aid Queensland, Submission 6, p. 3.

[4]        Australian Small Business and Family Enterprise Ombudsman, Submission 17, p. 2.

[5]        Mr Andrew McLaughlin, Submission 21, p. 1.

[6]        Ms Anna Bligh, Chief Executive Officer, Australian Bankers' Association, Committee Hansard, 11 August 2017, p. 61.

[7]        Department of Agriculture and Water Resources, Submission 7, p. 3.

[8]        Legal Aid Queensland, Submission 6, p. 3.

[9]        Mr Denis McMahon, Senior Lawyer, Farm and Rural Legal Service, Legal Aid Queensland, Committee Hansard, 2 August 2017, p. 14.

[10]      Australian Small Business and Family Enterprise Ombudsman, Submission 17, p. 2.

[11]      Department of Agriculture and Water Resources, Submission 7, p. 2.

[12]      National Farmers' Federation, Submission 62, p. 7.

[13]      Mr Justin Walsh, Partner, Ernst & Young, Proof Committee Hansard, 20 October 2017, p. 58.

[14]      See for example Mr Charlie Wallace, private capacity, Proof Committee Hansard, 11 September 2017, pp. 2–3; Mrs Nolene Bradshaw, private capacity, Committee Hansard, 13 July 2017, p. 1; Mr Brian and Mrs Suellyn Webster, Submission 57, p. 1l; Mr William Axford, private capacity, Proof Committee Hansard, 19 July 2017; pp. 59–63.

[15]      For examples of these impacts, see Mr Michael and Mrs Cherie Doyle, private capacity, Proof Committee Hansard, 14 September 2017; Mr Charlie Wallace, Submission 80; Mrs Noelene and Mr Lloyd Bradshaw, Submission 43; Mr Sam Sciacca, Submission 47; Mr Gerard O'Grady, Submission 83; Mr Harold Cronin, Submission 50; Mr Thomas Fox, Submission 42; Mr Craig Caulfield, Submission 55; Mr Lindsay Dingle, Submission 84; Axford Family, Submission 37; Mr Bob Yabsley, Submission 58; Mr Brian and Ms Suellyn Webster, Submission 57. This is not intended to be an exhaustive list, but rather a selection of submissions. The committee also received numerous confidential submissions which outlined similar impacts.

[16]      Mr Andrew McLaughlin, Submission 21, p. 1.

[17]      For example see verbal evidence from the following submitters: Mrs Nolene Bradshaw, private capacity, Committee Hansard, 13 July 2017; Mrs Debbie Viney, private capacity, Committee Hansard, 13 July 2017; Mr Lindsay Dingle, private capacity, Committee Hansard, 2 August 2017; Mrs Catherine Stuart, private capacity, Committee Hansard, 2 August 2017; Mr Michael and Mrs Cherie Doyle, private capacity, Proof Committee Hansard, 14 September 2017; Mr David Browning, private capacity, Proof Committee Hansard, 11 September 2017; Mr Charlie Wallace, private capacity, Proof Committee Hansard  11 September 2017; Mr Harold and Mrs Barbara Cronin; private capacity, Proof Committee Hansard, 19 July 2017. The committee also received confidential verbal evidence that outlined such allegations.

[18]      Mrs Debbie Viney, private capacity, Committee Hansard, 13 July 2017, p. 48.

[19]      Confidential submission 29, p. 8.

[20]      Mrs Barbara Cronin and Mr Harold Cronin, private capacity, Proof Committee Hansard, 19 July 2017, p. 47.

[21]      Mr Harold Cronin, private capacity, Proof Committee Hansard, 19 July 2017, p. 44.

[22]      Mr Lindsay Dingle, private capacity, Committee Hansard, 2 August 2017, p. 43.

[23]      Mr Andrew McLaughlin, private capacity, Committee Hansard, 11 August 2017, p. 2.

[24]      Mr Stephen Hannan, National Manager Agribusiness, Commercial Banking, Westpac, Proof Committee Hansard, 18 September 2017, p. 39.

Chapter 3 - Terms and conditions of rural loans

[1]        Australian Small Business and Family Enterprise Ombudsman, Submission 17, pp. 1–2.

[2]        Australian Small Business and Family Enterprise Ombudsman, Submission 17, p. 2. See also National Farmers Federation, Submission 62, p. 2.

[3]        Financial Ombudsman Service Australia, Submission 9, p. 10.

[4]        Financial Ombudsman Service Australia, Submission 9, p. 6.

[5]        For discussion see Australian Small Business and Family Enterprise Ombudsman, Submission 17, p. 2.

[6]        Australian Small Business and Family Enterprise Ombudsman, Submission 17, p. 2.

[7]        Financial Ombudsman Service Australia, Submission 9, p. 10.

[8]        In camera witness

[9]        In camera witness.

[10]      In camera witness. Penalty interest rates are discussed in more detail later in this chapter.

[11]      Financial Ombudsman Service Australia, Submission 9, pp. 9–10.

[12]      See Parliamentary Joint Committee on Corporations and Financial Services report, Impairment of Customer Loans, May 2016, p. 28.

[13]      Australian Bankers' Association, Submission 12, p. 3.

[14]      Legal Aid Queensland, Submission 6, p. 6.

[15]      Mr Michael Saadat, Senior Executive Leader, Deposit Takes, Credit and Insurers, Australian Securities and Investments Commission, Committee Hansard, 14 September 2017, p. 4.

[16]      Mr Michael Saadat, Senior Executive Leader, Deposit Takes, Credit and Insurers, Australian Securities and Investments Commission, Committee Hansard, 14 September 2017, p. 4.

[17]      Mr Michael Saadat, Senior Executive Leader, Deposit Takes, Credit and Insurers, Australian Securities and Investments Commission, Committee Hansard, 14 September 2017, p. 4.

[18]      Australian Bankers' Association, Submission 12, p. 4.

[19]      Australian Bankers' Association, Submission 12, p. 4.

[20]      Australian Small Business and Family Enterprise Ombudsman, Submission 17, p. 2.

[21]      Australian Small Business and Family Enterprise Ombudsman, Submission 17, p. 2.

[22]      Australian Small Business and Family Enterprise Ombudsman, Submission 17, p. 2.

[23]      Further discussion on this matter can be found in Chapter 6 of this report.

[24]      Australian Bankers' Association, Submission 12, p. 5.

[25]      Mr Denis McMahon, Senior Lawyer, Farm and Rural Legal Service, Legal Aid Queensland, answers to questions on notice, 2 August 2017 (received 28 August 2017), p. 5.

[26]      Mr Denis McMahon, Senior Lawyer, Farm and Rural Legal Service, Legal Aid Queensland, Proof Committee Hansard, 2 August 2017, p. 15.

[27]      See discussion with Mr Denis McMahon, Senior Lawyer, Farm and Rural Legal Service, Legal Aid Queensland, Proof Committee Hansard, 2 August 2017, p. 15.

[28]      Legal Aid Queensland, Submission 6, p. 5.

[29]      Mr Denis McMahon, Senior Lawyer, Farm and Rural Legal Service, Legal Aid Queensland, answers to questions on notice, 2 August 2017 (received 28 August 2017), p. 5.

[30]      Mr and Mrs Craig and Moeroa Caulfield, Submission 55, p. 1.

[31]      Mr and Mrs Craig and Moeroa Caulfield, Submission 55, p. 1.

[32]      Mr and Mrs Craig and Moeroa Caulfield, Submission 55, p. 2.

[33]      Mr and Mrs Craig and Moeroa Caulfield, Submission 55, p. 2.

[34]      Ms Natasha Keys, Submission 56, p. 1.

[35]      Ms Natasha Keys, Submission 56, p. 1.

[36]      Mr Andrew McLaughlin, private capacity, Proof Committee Hansard, 11 August 2017, p. 3.

[37]      Mr Robert Yabsley, private capacity, Proof Committee Hansard, 2 August 2017, p. 76.

[38]      Mr and Mrs Brian and Suellyn Webster, Submission 57, p. 1.

[39]      Confidential submission 66, p. 1.

[40]      Mr Robert Yabsley, private capacity, Proof Committee Hansard, 2 August 2017, p. 76.

[41]      See for example Mr David and Mrs Elizabeth Browning, Submission 81; Mr Sam Sciacca, Submission 4; Mr William Axford, private capacity, Proof Committee Hansard, 19 July 2017, pp. 59–63.

[42]      Parliamentary Joint Committee on Corporations and Financial Services, Impairment of Customer Loans, May 2016, p. 144.

[43]      Mr Ben Steinberg, Head of Lending Services, Corporate and Commercial, ANZ, Proof Committee Hansard, 11 August 2017, p. 15.

[44]      Mr Ben Steinberg, Head of Lending Services, Corporate and Commercial, ANZ, Proof Committee Hansard, 11 August 2017, p. 15.

Chapter 4 - Dispute resolution and access to justice

[1]        New South Wales Rural Assistance Authority, additional information received 25 October 2017, p. 2.

[2]        Ms Amanda Pullinger, Policy Director, Retail Policy, Australian Bankers' Association, Committee Hansard, 11 August 2017, p. 62.

[3]        Australian Small Business and Family Enterprise Ombudsman, Inquiry into small business loans, December 2016 (released February 2017), p. 60.

[4]        Department of Agriculture and Water Resources, Submission 7, p. 12.

[5]        Victorian Government, additional information received 6 November 2017, p. 1.

[6]        New South Wales Rural Assistance Authority, additional information received 25 October 2017, p. 1.

[7]        New South Wales Rural Assistance Authority, additional information received 25 October 2017, p. 1.

[8]        Queensland Rural and Industry Development Authority, additional information received 11 October 2017, p. 1.

[9]        Queensland Rural and Industry Development Authority, additional information received 11 October 2017, p. 1.

[10]      Australian Small Business and Family Enterprise Ombudsman, Submission 17, p. 3.

[11]      See ANZ, Submission 8, p. 2; National Australia Bank; Submission 10,  p. 3; Commonwealth Bank of Australia; Submission 11, p. 3; Westpac, Submission 13, p. 2; Australian Bankers' Association, Submission 12, p. 8.

[12]      Ms Anna Bligh, Chief Executive Officer, Australian Bankers' Association, Committee Hansard, 11 August 2017, p. 62.

[13]      Mr Stephen Longley, Partner and Head of Restructuring, PPB Advisory, Proof Committee Hansard, 20 October 2017, p. 30.

[14]      Financial Ombudsman Service, Submission 9, p. 5.

[15]      Mr Denis McMahon, Senior Lawyer, Farm and Rural Legal Service, Legal Aid Queensland, answers to questions on notice, 2 August 2017 (received 28 August 2017), p. 9.

[16]      Mr Denis McMahon, Senior Lawyer, Farm and Rural Legal Service, Legal Aid Queensland, answers to questions on notice, 2 August 2017 (received 28 August 2017), p. 9.

[17]      Mr Denis McMahon, Senior Lawyer, Farm and Rural legal Service, Legal Aid Queensland, answers to questions on notice, 2 August 2017 (received 28 August 2017), p. 9.

[18]      Department of Agriculture and Water Resources, Submission 7, p. 3.

[19]      Department of Agriculture and Water Resources, Submission 7, p. 12.

[20]      Australian Small Business and Family Enterprise Ombudsman, Inquiry into small business loans, December 2016 (released February 2017), p. 54.

[21]      ANZ, Submission 8, p. 11.

[22]      Department of Agriculture and Water Resources, Submission 7, p. 7.

[23]      Department of Agriculture and Water Resources, Submission 7, p. 7.

[24]      New South Wales Rural Assistance Authority, additional information received 25 October 2017, p. 2.

[25]      Treasury Laws Amendment (Putting Consumers First – Establishment of the Australian Financial Complaints Authority) Bill 2017, Explanatory Memorandum, pp. 3, 9 and 65.

[26]      Treasury Laws Amendment (Putting Consumers First – Establishment of the Australian Financial Complaints Authority) Bill 2017, Explanatory Memorandum, p. 9.

[27]      The Hon. Kelly O'Dwyer MP, Minister for Revenue and Financial Services, 'Putting consumers first – improving dispute resolution', Media release, 14 September 2017.

[28]      Mr Shane Tregillis, Chief Ombudsman, Financial Ombudsman Service, Proof Committee Hansard, 18 September 2017, p. 20.

[29]      Mr Shane Tregillis, Chief Ombudsman, Financial Ombudsman Service, Proof Committee Hansard, 18 September 2017, p. 20.

[30]      Mr Shane Tregillis, Chief Ombudsman, Financial Ombudsman Service, Proof Committee Hansard, 18 September 2017, p. 21.

[31]      Treasury Laws Amendment (Putting Consumers First – Establishment of the Australian Financial Complaints Authority) Bill 2017, Explanatory Memorandum, p. 65.

[32]      See for example Mr Gerard O'Grady, private capacity, Proof Committee Hansard, 6 September 2017, pp. 4–5.

[33]      Mr Philip Field, Lead Ombudsman, Banking and Finance, Financial Ombudsman Service, Proof Committee Hansard, 18 September 2017, p. 22.

[34]      Mr Philip Field, Lead Ombudsman, Banking and Finance, Financial Ombudsman Service, Proof Committee Hansard, 18 September 2017, p. 22.

[35]      Legal Aid Queensland, Submission 6, p. 10.

[36]      Ms Anne Scott, Principal Advisor, Australian Small Business and Family Enterprise Ombudsman, Proof Committee Hansard, 18 September 2017, p. 30.

[37]      Ms Anne Scott, Principal Advisor, Australian Small Business and Family Enterprise Ombudsman, Proof Committee Hansard, 18 September 2017, pp. 31–32.

[38]      Ms Anne Scott, Principal Advisor, Australian Small Business and Family Enterprise Ombudsman, Proof Committee Hansard, 18 September 2017, p. 32.

[39]      Mr Denis McMahon, Senior Lawyer, Farm and Rural Legal Service, Legal Aid Queensland, answers to questions on notice, 2 August 2017 (received 28 August 2017), p. 12.

[40]      Mr Denis McMahon, Senior Lawyer, Farm and Rural Legal Service, Legal Aid Queensland, answers to questions on notice, 2 August 2017 (received 28 August 2017), p. 11.

[41]      See for example evidence from Mrs Nolene Bradshaw, private capacity, Committee Hansard, 13 July 3017, p. 9; Mrs Catherine Stuart, private capacity, Committee Hansard, 2 August 2017, pp. 57–58.

[42]      Department of Agriculture and Water Resources, Submission 7, p. 6.

[43]      Mr Cameron Hutchison, Acting Assistant Secretary, Department of Agriculture and Water Resources, Proof Committee Hansard, 18 September 2017, p. 54.

[44]      Department of Agriculture and Water Resources, answers to questions on notice, 18 September 2017 (received 3 October 2017), p. 1.

[45]      Department of Agriculture and Water Resources, answers to questions on notice, 18 September 2017 (received 3 October 2017), p. 1.

[46]      See for example Mr Scott Couper, Partner, Gadens Lawyers, Proof Committee Hansard, 20 October 2017, p. 47–49. See also evidence from Mr Will Colwell, Partner, Ferrier Hodgson, Proof Committee Hansard, 20 October 2017, pp. 4–6.

[47]      See for example Mr Scott Couper, Partner, Gadens Lawyers, Proof Committee Hansard, 20 October 2017, p. 56.

[48]      Mr Scott Couper, Partner, Gadens Lawyers, Proof Committee Hansard, 20 October 2017, p. 47.

[49]      Mr Scott Couper, Partner, Gadens Lawyers, Proof Committee Hansard, 20 October 2017, p. 47.

[50]      Mr Stewart McCallum, Partner, Ferrier Hodgson, Proof Committee Hansard, 20 October 2017, pp.1–2.

[51]      KordaMentha, Senate Committee: Lending to primary production customers, p. 5, (tabled 17 November 2017). 

[52]      Ms Anne Scott, Principal Advisor, Australian Small Business and Family Enterprise Ombudsman, Proof Committee Hansard, 18 September 2017, p. 32.

[53]      Ms Anne Scott, Principal Advisor, Australian Small Business and Family Enterprise Ombudsman, Proof Committee Hansard, 18 September 2017, p. 32.

Chapter 5 - Role and impact of insolvency practitioners

[1]        Australian Restructuring Insolvency and Turnaround Association, Submission 4, Appendix 4, p. 24.

[2]        Mr Denis McMahon, Senior Lawyer, Farm and Rural Legal Service, Legal Aid Queensland, answers to questions on notice, 2 August 2017 (received 28 August 2017), p. 5.

[3]        Mr Stewart McCallum, Partner, Ferrier Hodgson, Proof Committee Hansard, 20 October 2017, p. 7.

[4]        Legal Aid Queensland, Submission 6, p. 9.

[5]        Corporations Act 2001, paragraph 420A(1)(a).

[6]        Mr Will Colwell, Partner, Ferrier Hodgson, Proof Committee Hansard, 20 October 2017, p. 7.

[7]        Mr Stewart McCallum, Partner, Ferrier Hodgson, Proof Committee Hansard, 20 October 2017, p. 10.

[8]        Mr Stewart McCallum, Partner, Ferrier Hodgson, Proof Committee Hansard, 20 October 2017, p. 10.

[9]        Australian Restructuring Insolvency and Turnaround Association, answers to questions on notice, 23 October 2017 (received 3 November 2017).

[10]      ANZ, Submission 8, p. 10.

[11]      Westpac, Submission 13, p. 6.

[12]      Rural Bank, Submission 14, p. 3.

[13]      Rabobank, Submission 5, p. 8.

[14]      NAB, Submission 10, p. 3.

[15]      ANZ, Submission 8, p. 2.

[16]      Commonwealth Bank of Australia, Submission 11, p. 2.

[17]      Westpac, Submission 13, p. 2.

[18]      KordaMentha, Senate Committee: Lending to primary production customers, pp. 2–3 (tabled 17 November 2017). 

[19]      The committee also received a number of confidential submissions that outlined such allegations.

[20]      Senator John Williams, Committee Deputy Chair, Proof Committee Hansard, 17 November 2017, p. 4.

[21]      Mr Lindsay Dingle, private capacity, Committee Hansard, 2 August 2017, pp. 37–38.

[22]      Mr Harold Cronin, Submission 50, p. 2.

[23]      Mr Bob Yabsley, private capacity, Committee Hansard, 2 August 2017, p. 79. Note: the receivers provided a response to this claim. See response to submission 58 from PPB Advisory.

[24]      Confidential Submission 65, p. 4.

[25]      Mr Michael and Mrs Cherie Doyle, private capacity, Proof Committee Hansard, 14 September 2017, pp. 7–8.

[26]      The committee also received a number of confidential submissions that outlined such allegations.

[27]      Mr Charlie Wallace, Submission  80, p. 4.

[28]      Mr Charlie Wallace, private capacity, Proof Committee Hansard, 11 September 2017, p. 13. See also Mr Charlie Wallace, Submission 80, pp. 8, 13.

[29]      Mr Bob Yabsley, Submission 58, pp. 5–6. Note: the receivers refuted these allegations. See response to submission 58 from PPB Advisory.

[30]      Mr Harold Cronin, Submission 50, p. 2.

[31]      Mr Thomas Fox, private capacity, Proof Committee Hansard, 19 July 2017, p. 44.

[32]      Mrs Cherie Doyle, private capacity, Proof Committee Hansard, 14 September 2017, pp. 7, 15.

[33]      Mr Michael Doyle, private capacity, Proof Committee Hansard, 14 September 2017, p. 6.

[34]      Mrs Cherie Doyle, private capacity, Proof Committee Hansard, 14 September 2017, p. 6.

[35]      Mr Matthew Caddy, Partner, McGrathNicol, Proof Committee Hansard, 20 October 2017, p. 14.

[36]      See exchange between Senator Peter Georgiou and Mr Mark Mentha, Partner, KordaMentha, Proof Committee Hansard, 17 November 2017, p. 14. See also KordaMentha, answers to questions on notice, 17 November 2017 (received 27 November 2017).

[37]      Mr Harold Cronin, Submission 50, p. 2l; see also Mr Harold Cronin, private capacity, Proof Committee Hansard, 19 July 2017, p. 45.

[38]      Mr Andrew McLaughlin, private capacity, Committee Hansard, 11 August 2017, p. 5.

[39]      Dr Graham Jacobs, private capacity, Proof Committee Hansard, 19 July 2017, p. 56.

[40]      Dr Graham Jacobs, private capacity, Proof Committee Hansard, 19 July 2017, p. 56.

[41]      Mr Andrew Jensen, private capacity, Committee Hansard, 13 July 2017, pp. 45–46.

[42]      See for example Mr Michael and Mrs Cherie Doyle, private capacity, Proof Committee Hansard, 14 September 2017; Mr Charlie Wallace, private capacity, Proof Committee Hansard, 11 September 2017; Mr Bob Yabsley, Submission 58; Mr Harold Cronin, private capacity, Proof Committee Hansard, 19 July 2017; Mr Thomas Fox, private capacity, Proof Committee Hansard, 19 July 2017. The committee also received a number of confidential submissions that outlined such allegations.

[43]      Legal Aid Queensland, Submission 6, p. 9.

[44]      Legal Aid Queensland, Submission 6, p. 9.

[45]      Mr Denis McMahon, Senior Lawyer, Farm and Rural Legal Service, Queensland Legal Aid, Committee Hansard, 2 August 2017, p. 18.

[46]      Mr Denis McMahon, Senior Lawyer, Farm and Rural Legal Service, Queensland Legal Aid, Committee Hansard, 2 August 2017, p. 17.

[47]      Mr Justin Walsh, Partner, Ernst & Young, Proof Committee Hansard, 20 October 2017, p. 57.

[48]      Mr John Winter, Chief Executive Officer, Australian Restructuring Insolvency and Turnaround Association, Proof Committee Hansard, 20 October 2017, p. 40. See also Mr Stephen Longley, Partner and Head of Restructuring, PPB Advisory, Proof Committee Hansard, 20 October 2017, p. 23; Mr Stewart McCallum, Partner, Ferrier Hodgson, Proof Committee Hansard, 20 October 2017, p. 1.

[49]      Mr Andrew McLaughlin, private capacity, Committee Hansard, 11 August 2017, p. 4.

[50]      For example: NAB, Submission 10, p. 6; ANZ, Submission 6; Mr Peter Knoblanche, Chief Executive Officer, Rabobank, Committee Hansard, 11 August 2017, p. 43.

[51]      Former senator Malcolm Roberts, Proof Committee Hansard,  20 October 2017, p. 11.

[52]      Mr John Winter, Chief Executive Officer, Australian Restructuring Insolvency and Turnaround Association, Proof Committee Hansard, 20 October 2017, p. 43.

[53]      Mr Mark Mentha, Partner, KordaMentha, Proof Committee Hansard, 17 November 2017, pp. 11–12, 14; KordaMentha, answers to questions on notice, 17 November 2017 (received 27 November 2017), pp. 5–7.

[54]      See written questions from Senator John Williams in: Mr Stephen Dixon, Partner, Grant Thornton, answers to questions on notice, 21 November 2017 (received 27 November 2017); and exchange between Senator John Williams  and Mr Andrew Behman, Associate, CLH Lawyers, Proof Committee Hansard, 17 November 2017, p. 2.

[55]      Mr John Winter, Chief Executive Officer, Australian Restructuring Insolvency and Turnaround Association, Proof Committee Hansard, 20 October 2017, p. 41.

[56]      Exchange between Senator John Williams and Mr Andrew Behman, Associate, CLH Lawyers, Proof Committee Hansard, 17 November 2017, p. 2.

[57]      Mr Stephen Dixon, Partner, Grant Thornton, answers to questions on notice, 21 November 2017 (received 27 November 2017).

[58]      Mr Justin Walsh, Partner, Ernst & Young, Proof Committee Hansard, 20 October 2017, p. 66.

[59]      Senator John Williams, Proof Committee Hansard, 17 November 2017, p. 3. See also Senator John Williams , Committee Hansard, 13 July 2017, p. 42.

[60]      See for example comments from Mr Michael Doyle and Mrs Cherie Doyle, private capacity, Proof Committee Hansard, 14 September 2017, pp. 7, 15.

[61]      Mr John Price, Commissioner, Australian Securities and Investments Commission, Committee Hansard, 14 September 2017, p. 9.

[62]      Mr Warren Day, Senior Executive Leader, Assessment and Intelligence, Australian Securities and Investments Commission, Committee Hansard, 14 September 2017, p. 9.

[63]      Legal Aid Queensland, Submission 6, p. 8.

[64]      Legal Aid Queensland, Submission 6, p. 9.

[65]      See for example Mr Harold Cronin, Submission 50, p. 1l; Mrs Debbie Viney, private capacity, Committee Hansard, 13 July 2017, p. 50.

[66]      Financial Ombudsman Service, Submission 9, p. 7.

[67]      Australian Small Business and Family Enterprise Ombudsman, Submission 17, pp. 2, 42.

[68]      Australian Small Business and Family Enterprise Ombudsman, Inquiry into small business loans, p. 7.

[69]      ANZ, Submission 8, p. 2.

[70]      Corporations Act 2001, Section 420A.

[71]      Mr Warren Day, Senior Executive Leader, Assessment and Intelligence, Australian Securities and Investments Commission, Committee Hansard, 14 September 2017, p. 2.

[72]      Professor Robert Baxt and Mr Edmund Finnane, Corporations Legislation 2017, Thomson Reuters, Sydney, 2017, p. 536.

[73]      Mr John Price, Commissioner, Australian Securities and Investments Commission, Committee Hansard, 14 September 2017, p. 2.

[74]      Cooper Grace Ward Lawyers, 'Further perils for mortgagees exercising power of sale in Queensland', 28 July 2009, www.cgw.com.au/publication/further-perils-for-mortgagees-exercising-power-of-sale-in-queensland/ (accessed 23 November 2017).

[75]      Cooper Grace Ward Lawyers, 'Further perils for mortgagees exercising power of sale in Queensland', 28 July 2009.

[76]      McGrathNicol, answers to questions on notice, 20 October 2017 (received 13 November 2017).

[77]      McGrathNicol, answers to questions on notice, 20 October 2017 (received 13 November 2017).

[78]      KordaMentha, Senate Committee: Lending to primary production customers, p. 3 (tabled 17 November 2017). 

[79]      KordaMentha, Senate Committee: Lending to primary production customers, p. 3 (tabled 17 November 2017). 

[80]      Legal Aid Queensland, Submission 6, p. 10.

[81]      Legal Aid Queensland, Submission 6, p. 10.

[82]      Corrigin and Lake Grace Zone of Western Australian Farmers Federation, Submission 22, p. 3.

[83]      Mr John Price, Commissioner, Australian Securities and Investments Commission, Committee Hansard, 14 September 2017, p. 2.

Chapter 6 - Bank culture

[1]        Ms Anna Bligh, Chief Executive Officer, Australian Bankers' Association, Committee Hansard, 11 August 2017, p. 62.

[2]        Mr Mark Bennett, Head of Agribusiness, ANZ, Committee Hansard, 11 August 2017, p. 11; Mr Gwyn Morgan, Head of Credit Restructuring, Credit Risk, Westpac, Proof Committee Hansard, 18 September 2017, p. 48.

[3]        Mr Andrew McLaughlin, private capacity, Committee Hansard, 11 August 2017, p. 8.

[4]        Mr Ben Steinberg, Head of Lending Services, Corporate and Commercial, ANZ, Committee Hansard, 11 August 2017, p. 13.

[5]        Mr Andrew McLaughlin, private capacity, Committee Hansard, 11 August 2017, p. 4.

[6]        Ms Anna Bligh, Chief Executive Officer, Australia Bankers' Association, Committee Hansard, 11 August 2017, p. 61.

[7]        Australian Bankers' Association, Submission 12, p. 4.

[8]        Ms Anna Bligh, Chief Executive Officer, Australia Bankers' Association, Committee Hansard, 11 August 2017, p. 63.

[9]        Ms Anna Bligh, Chief Executive Officer, Australia Bankers' Association, Committee Hansard, 11 August 2017, p. 63.

[10]      Ms Anna Bligh, Chief Executive Officer, Australia Bankers' Association, Committee Hansard, 11 August 2017, p. 63.

[11]      Australian Bankers' Association, Submission 12, pp. 5–6.

[12]      See for example comments by Michael Doyle, private capacity, Proof Committee Hansard, 14 September 2017, pp. 1–2; see also Mr Bradley Clark, private capacity, Proof Committee Hansard, 19 July 2017, p. 23.

[13]      Mr Denis McMahon, Senior Lawyer, Farm and Rural Legal Service, Legal Aid Queensland, Committee Hansard, 2 August 2017, p. 18.

[14]      Mr Andrew McLaughlin, private capacity, Committee Hansard, 11 August 2017, p. 9.

[15]      Ms Anne Scott, Principal Advisor, Australian Small Business and Family Enterprise Ombudsman, Proof Committee Hansard, 18 September 2017, p. 33.

[16]      Mr Colin Nicholl, Corrigin Lake Grace Zone Councillor, Western Australian Farmers Federation, Proof Committee Hansard, 19 July 2017, p. 4.

[17]      The Hon Malcolm Turnbull MP, Prime Minister, media release, 30 November 2017, available at: www.pm.gov.au/media/royal-commission-banks-and-financial-services (accessed 30 November 2017).

[18]      Draft terms of reference available at: www.pm.gov.au/sites/default/files/media/terms-of-reference.pdf (accessed 30 November 2017).

[19]      The Hon Malcolm Turnbull MP, Prime Minister, media release, 30 November 2017.