White collar business identities heading to court in 2025
Some of Australia’s top lawyers and highest profile identities are due to face off in court cases set to shape the legal landscape in the year ahead.
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Australia’s regulators have come out swinging against alleged corporate wrongdoing this year, launching a range of hard-hitting civil and criminal lawsuits against some of the country’s biggest companies and individuals.
But the Australian Securities and Investments Commission’s deputy chair Sarah Court and Australian Competition and Consumer Commission chair Gina Cass-Gottlieb aren’t the only ones firing off blockbuster court cases.
Andrew Forrest’s Fortescue has accused his ex-executives of stealing its green steel intellectual property, and billionaire Heloise Pratt has accused her billionaire ex-husband Alex Waislitz of “criminality” which he denies.
Here are some of the biggest court cases in business set to play out in 2025.
Former Star Casino directors to face trial
Former Star Entertainment directors being sued over allegations they failed to stop money laundering risks and criminal links creeping into its operation will face a trial from February 10.
The Australian Securities and Investments Commission first launched the civil case in the Federal Court against ex-CEO Mattias Bekier and ex-chairman John O’Neill among other board members in December 2022. It’s set to run for about six weeks.
Barrister James Arnott, SC, a silk who regularly advises and appears in relation to regulatory investigations, according to his Sixth Floor Selborne Wentworth Chambers profile, represented ASIC for the past few court dates in the matter.
Chinese high roller junket operator Suncity allegedly pumped billions of dollars into Star Casino, with Star’s turnover from Suncity reportedly worth $2.1bn, $4bn and $5.9bn for the 2017, 2018 and 2019 financial years.
ASIC has alleged the board continued to allow the junket operator to expand its operations instead of scrutinising its potential organised crime links and money laundering risks.
In 2022, a royal commission style inquiry into Star revealed the casino stopped short of issuing Suncity, which was owned by Alvin Chau, a third warning letter after it was busted operating a “pseudo cage” where bundles of cash from black backpacks were exchanged for casino chips, breaching anti-money laundering rules.
Instead, Star allegedly renewed its agreement with the junket operator in 2018.
It was claimed that senior Star Casino investigator Andrew McGregor wrote to management in May 2018 to alert them that “we have an entity within our four walls, which is totally non compliant to reasonable requests for basic information”.
“I‘m going to call it out early. Suncity is operating a business model under our noses, which is problematic for Star Entertainment Group with regard to AML CTF (anti-money laundering, counter terrorism financing) laws.”
Other board members Kathleen Lahey, Richard Sheppard, Gerard Bradley, Sally Pitkin, Benjamin Heap, Zlatko Todorcevski, Paula Martin and Greg Hawkins have been named in the lawsuit, which will be presided over by Federal Court Judge Michael Lee.
All 11 former executives have denied the allegations against them in defence papers. Star Entertainment is not named as a party to the proceedings.
Fortescue’s Andrew Forrest v Element Zero
Mining giant Fortescue managed to keep an explosive lawsuit it lodged against some of its ex-senior executives secret for a while.
But in June, a Judgement was quietly published that revealed the Andrew Forrest owned company obtained court orders to launch raids on the homes and offices that targeted former Fortescue chief scientist Bart Kolodziejczyk, long term Andrew Forrest lieutenant Michael Masterman and former Fortescue staff member Bjorn Winther-Jensen.
After the Federal Court initially granted Fortescue a suppression order which kept the proceedings secret from late April to early June, it was revealed that Fortescue – a $57bn ASX-listed company – accused Element Zero of “industrial-scale misuse” of confidential information concerning its green (carbon dioxide free) iron technology.
Element Zero denied the allegations, calling them “spurious”.
The dispute turned ugly after it was revealed Fortescue paid a private investigator, Robert Lancaster, who spied on the wives and children of the former Fortescue staff including by following them to Kmart, taking pictures of them leaving school and rummaging through their mail.
It is necessary to ensure the parties are aware if there are “vulnerable” people at the properties to be searched, like children, but the Element Zero parties argued the level of surveillance they were subjected to was excessive.
The case continues, after Element Zero failed to appeal a decision that granted the search orders. They will file another appeal to overturn that decision, while Fortescue has applied to change its statement of claim against them.
Element Zero has previously briefed Sydney-based barrister David Studdy, SC, while Fortescue has previously briefed Sydney-based Julian Cooke, SC.
Coles, Woolworths defend ‘fake’ discount allegations
The country’s biggest grocery outlets, Coles and Woolworths, are denying blockbuster claims that they mislead consumers by promoting “illusory discounts” on hundreds of common supermarket products.
The Australian Competition & Consumer Commission’s separate proceedings in the Federal Court alleged a breach of the Australian Consumer Law by “misleading consumers through discount pricing claims” on the products.
ACCC chair Gina Cass-Gottlieb said in late September that social media sleuths who were tracking prices online tipped off the regulator, which claimed products like tampons and fly spray were sold at regular long term prices, before they were subject to a hike of at least 15 per cent for a brief period and then “discounted”.
When the products were placed in Woolworths’ Prices Dropped promotion and Coles’ Down Down promotion, the ACCC alleged the prices were lower than during the price spike but higher than, or the same as, the regular price that applied before the spike.
Both supermarkets have denied the allegations, and in defence papers fired back that surging supplier commodity prices and other cost increases led it to pump up the value of its household goods.
The filing of defence papers is likely to mean a drawn out court fight will ensue, unless the parties settle, as both supermarkets appear intent on fighting the allegations.
The ACCC has briefed Sydney-based barrister Michael Hodge, KC, and Brisbane-based Sarida McLeod.
Trial dates have not yet been set, but Coles, Woolworths and the ACCC could go head-to-head in the second half of next year.
Pratt family faces two court fights
The billionaire Pratt family are now embroiled in two court fights aimed at protecting their wealth.
The latest legal saga was launched by one of the Pratt siblings, Heloise, after she accused her ex-husband and billionaire investor Alex Waislitz of criminality and acting “dishonestly” by paying himself and his charitable foundation $1.147m without her knowledge and approval.
Mr Waislitz fired back on Christmas Eve, denying the allegations against him and claiming his ex-wife failed to involve herself in the affairs of their family business.
Ms Pratt and siblings Anthony Pratt and Fiona Geminder are children of the late Richard Pratt and they own the Visy cardboard box making and recycling empire.
The court case appears to centre on control of the $1.3bn stock investment empire run by Mr Waislitz but also owned by Ms Pratt for more than three decades.
“It appears to be a highly provocative and unbecoming action in response to failed negotiations which had up until now been kept private,” Mr Waislitz has previously said in response to news about the court case.
Mr Waislitz has briefed Sydney-based barrister Jeremy Stoljar, KC, and Melbourne-based Kane Loxley.
The latest legal saga to ensnare the family came after the late Mr Pratt’s love child Paula Hitchcock secured a partial win in her bid to claim an equitable slice of the family trust in October.
The NSW Supreme Court ruled Ms Hitchcock will be allowed to argue she is legally entitled to a slice of the family fortune because she is a child not only of the late billionaire but his wife Mrs Pratt.
Sydney-based barrister Christopher Withers, SC, has appeared for Ms Hitchcock in past hearings. Appearing for the Pratt family trustee has been Melbourne-based barrister Allan Myers, KC.
The matter has dragged on since 2022, and could do again in 2025 after Ms Hitchcock asked the court to update her pleadings again.
Both cases are set to play out in the new year.
ASIC v CBus
After the Australian Securities and Investments Commission sued the $92bn super fund Cbus over allegations they delayed insurance payments to vulnerable families with a bang in November, the matter could slow down in 2025.
ASIC claimed it took more than a year in some cases for the fund – which is chaired by Labor National President Wayne Swan – to pay out death and disabilities payments.
It prompted the regulator to issue the entire sector with a warning to big super that they will crack down on the $4 trillion sector over failures to track end-to-end death benefits claims handling times and “weak” practices.
According to the latest court updates, Cbus will not be required to file a defence to the allegations until May 16 after ASIC lodges a full statement of claim.
The case is then listed for mediation on June 23.
Alleged insider trading cases to hit Melbourne, Perth courts
ASIC has at least two insider trading criminal court cases on foot, including one it lodged against Melbourne man Duncan Stewart and another against Perth man Vittorio Letizia.
Mr Stewart is set to face a trial in Melbourne’s County Court, after ASIC alleged in a committal hearing at the Magistrate’s court that he passed on inside information about possible takeover bids of Kidman Resources by Chilean major SQM and separately Wesfarmers in 2019.
ASIC alleged Mr Stewart received information from his brother-in-law and Kidman Resources boss Martin Donohue about the possible bids in 2019, which he used to buy shares in the company and urged his brother Ashley to do the same. Mr Stewart has denied the allegations.
Mr Stewart’s legal team have briefed Melbourne-based barrister Ruth Shann, SC in the matter.
Separately, the regulator revealed Mr Letizia faced the Perth Magistrates court after he was charged with five counts of insider trading over purchases in mid-tier miner Genesis Minerals dating back to 2021.
ASIC lost an insider trading case lodged against ex-Vocus chair Vaughan Bowen in December. Mr Bowen was found not-guilty by a jury.
But this is unlikely to slow the regulator down, after announcing a new task force would crack down on insider trading as an enforcement priority this year.
Originally published as White collar business identities heading to court in 2025
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