• Contact
  • Feedback
Banking Day
ConfidentiallySpeaking.com.au Logo
High-impact negotiation masterclass | July 9 & 16, 2025 | 5:00pm - 8:30pm
This high-impact negotiation masterclass teaches practical strategies to help you succeed in challenging negotiations.
Register Now
  • News
  • Topics
    • All Topics
    • Briefs
    • Major Banks
    • Authorised deposit-taking institutions
    • Insurance, funds and super
    • Payments, mobile & wallets
    • Consumer lending
    • Mortgages
    • Business lending
    • Finance regulation
    • Debt capital markets
    • Ratings agencies
    • Equity capital markets
    • Professional services
    • Work & career
    • Foreign news
    • Other topics
  • Free Trial
  • Subscribe
  • About us
    • About Banking Day
    • Advertise
    • Feedback
    • Contact Banking Day
  • Search
  • Login
  • My account
    • Account settings
    • User Admin
    • Logout

Login or request a free trial

MACKAY FOILED IN CAPRICORNIA CAMPAIGN

06 June 2007 10:00AM
The full bench of the Federal Court yesterday ruled in favour of Capricornia Credit Union and against ASIC and Mackay Permanent Building Society in a long running dispute over access to the member register of a mutual entity.The full court overturned two of the purposes proposed by Mackay and endorsed by the Australian Securities and Investments Commission for Mackay to obtain access to the register of Queensland credit union.The court upheld three other purposes approved by ASIC, but raised concerns about the impact of one of these purposes on the operations of the credit union. The background to this wrangle is that in June 2004, the directors of Capricornia Credit Union spurned an offer from Mackay Permanent to buy the credit union from its members. Mackay is listed on the ASX, while Capricornia, like all credit unions, is a mutual. Capricornia is based in the city of Rockhampton, hundreds of kilometres to the south of Mackay on the central Queensland coast.Mackay made no public announcement of its offer at the time, while Capricornia's board turned the offer down without referring it to its members.Mackay withdrew the offer in October 2004, and Capricornia appears to have thought at the time that Mackay lost interest. But in March 2005 the ASIC ordered Capricornia to supply its membership list to Mackay so that Mackay could put the offer directly to the members of the credit union.Somewhat ironically Mackay and Capricornia agreed there was no offer at the time the argument over access to the member register first reached the Administrative Appeals Tribunal.In December 2005 the AAT ruled in favour of Mackay and ASIC. The Federal Court heard Capricornia's appeal in August 2006 and, 10 months later, published its ruling.

I'm a returning subscriber

*
Password reset *
Login

Request a free trial

  • Emailing you the news at 7am.
  • Covering core lending and funding issues, strategy, payments, regulation, risk management, IT, marketing and more.
  • Original news and summaries of major stories from other media – ditch your newspaper subscriptions.
  • Focused on banking and finance, saving you the time spent wading through newspapers and other services.
  • With reporting from former editors and senior writers from the AFR and The Australian.
  • Configured for your phone, laptop and PC.
Free trial Banking Day
ConfidentiallySpeaking.com.au Logo
High-impact negotiation masterclass | July 9 & 16, 2025 | 5:00pm - 8:30pm
This high-impact negotiation masterclass teaches practical strategies to help you succeed in challenging negotiations.
Register Now

Finance regulation

  • States take up the cudgels on eConveyancing
  • Firstmac failed design and distribution rules
  • 'Minimal' bankruptcy reforms tabled by Dreyfus

Consumer lending

  • Latitude, Harvey Norman liable for interest free GO card con
  • Credit quality dogs Zip turnaround

Copyright © WorkDay Media 2003-2025.

Banking Day is a WorkDay Media publication

WorkDay Media Unit Trust

  • Privacy policy
  • Terms of access and use