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TOPIC: Dennis Sgargetta at the Royal Commission

Dennis Sgargetta at the Royal Commission 6 months 5 days ago #3502

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www.scribd.com/document/335429767/Lsbc-J...to-Waldron-Sgargetta
Why can't she find the complaint with her file Com-2015-038 where the IC Unit of the FBI was aware what was going on - the Special Agent's email address is on her file and her foreign government server. McGarvie's brief on 4th August 2015 carried out the plans to 'spy' on what US Feds knew from her own customers like Sgargetta-Waldron.

Perhaps the most exciting moment of the hour-long opening session of the royal commission into the banking and financial services sectors was provided by Dennis Sgargetta.

The hitherto unknown protester leapt out of his seat just as commissioner Kenneth Hayne adjourned Monday's brief session.

Sgargetta started quoting the "ninth divine law" (the ninth commandment is "thou shalt not bear false witness against thy neighbour" for those who don't remember their Sunday school lessons) but Hayne gave him little in the way of a response, merely repeating that the commission was adjourned and rising from his seat as Sgargetta continued.

According to a handout Sgargetta provided to journalists after the hearing, he has a 10-year dispute with National Australia Bank over $299,000.

But unfortunately for the gentleman in question, Monday's outburst might be as close as he gets to being able to put his case to the commission.

In what appears a win for the banks, Hayne used his opening statement to make it clear that his commission will simply not have time to examine a swath of cases from the public, and will not be a forum to decide on unresolved disputes.

Instead, the focus appears likely to be on settled matters, looking at why they were settled in the way they were, and how behaviour inside the banks and financial services players changed as a result.

"We will have to proceed by reference to case studies and examples with a view to identifying the kind of misconduct that has occurred, why it occurred … what was the response to discovering the misconduct, and what follows from those conclusions," Hayne said.

"In many cases, perhaps very many cases, the fact that there has been misconduct or conduct falling short of community standards and expectation has been established previously or is now acknowledged or admitted.

"In those cases the commission must focus upon why the conduct occurred, what was the response by the relevant entity and regulators, what should have been the response, and what, if any, recommendations should now be made."

Clearly these case studies and examples are likely to cover some potentially explosive ground.

But the banks are likely to be dealing with known knowns – cases they have dealt with previously internally and, in some cases, that have been dealt with by the 73 other inquiries the commission will refer to in its work.

Indeed, the breadth of work already done was emphasised by Hayne and his counsel assisting, Rowena Orr.

Again, this will please the banks and big financial services companies, who have long argued that much of the ground that the commission plans to examine has been raked over extensively.

Hayne and Orr also referred to the tight time frame of the commission – a draft report is due by September 30, with a final report due by February 1 next year.

If Hayne is to meet this timeline – and he specifically said one of his key directives from the terms of reference was to be "expeditious" – then is seems inevitable that he will need to move quickly, and at a high level, over some areas.

All of this – the time pressures, the focus on settled cases, and the warnings to the public that the commission is not, in Orr's words, about "adversarial litigation" – would suggest that the banks are not going to be dealing with a flood of aggrieved customers telling their stories day after day.

The focus on processes and procedures around misconduct – how it was allowed to happen and what happened afterwards – should take at least some of the emotion out of the hearings.
Still, a few warnings

But while that may be seen as a win for the banks, the commissioner and his counsel assisting did deliver a few warnings.

There was an admonishment over their concerns about meeting his looming deadline for more information on the misconduct examples they identified in their early submissions, which were delivered a few weeks ago.

There does seem to be an early disconnect between industry and the commission here.

Having told the banks and financial services groups to keep their submissions on misconduct over the past decade to just 50 pages, Hayne appeared frustrated that they now want more time to collect extra data for him.

He also appeared frustrated to be presented with laundry lists of misconduct "rather than, as my original request had asked, by specifying the nature, extent and effect of the conduct they had identified".

Hayne clearly didn't want to be buried in paper by the banks when the original submissions came back. Now he seems frustrated he won't be buried in paper fast enough.

There was also a warning to the banks about trying to sue customers or staff for breaching confidentiality clauses.

Hayne said the commission would take an extra interest in any cases the banks seem keen to keep quiet.

Perhaps the biggest surprise from the commission's opening came with news that one of its first targets would be car loans.

This issue was a big focus for the Australian Securities and Investments Commission, which went after BMW Finance in late 2016 over its responsible lending practices.

It's certainly a worthy area, and one where there will be some egregious examples of high-pressure tactics and inappropriate lending. But compared to mortgages and financial advice, where life savings are on the line, it does appear to be a niche, rather than a key focus.
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