› largest interest rate swap deal in Australian financial market history
› where plaintiff (ASIC) alleges Westpac contravened various statutory norms under Australian Securities and Investments Commission Act 2001 (Cth) (ASIC Act) and Corporations Act 2001 (Cth) (Corporations Act)
› insider trading
› unconscionable conduct
› failure to comply with AFSL obligations
Corporations
› pecuniary penalties
› declarations of contraventions
› where penalty agreed
› characterisation of complex financial transactions
› where parties propose compliance programme
› whether orders should be made for appointment of independent referee
› whether further order under s 1101B(1) of the Corporations Act should be made