Luke Hastings

Practice Areas

Luke is a Partner in the Dispute Resolution practice and specialises in contentious financial services regulatory matters.

Luke has a wealth of litigation and corporate experience, and specialises in contentious financial services regulatory matters. He works closely with his colleagues in HSF’s global FSR team. His advice is also sought by public and private sector clients from a range of industries on appeals, class actions, commissions of inquiry, constitutional challenges, and mergers and acquisitions.

Background:

Luke has a Master of Laws from the University of Sydney, focusing on corporate finance, competition law and media law. He graduated from the same university in Economics and Law.

Luke regularly contributes articles to industry and legal journals and is the author of ‘Enforcing the Continuous Disclosure Regime – Three Case Studies’ in Regulation, Litigation and Enforcement by Michael Legg.

Work Highlights

Financial services/contentious regulatory:

Citigroup in the landmark criminal cartel proceeding brought by the CDPP and the ACCC concerning a $2.5bn capital raising by ANZ. All of the CDPP’s charges were withdrawn.

Citigroup in a landmark insider trading proceeding brought by the Australian Securities and Investments.

Commission. Considered an international ‘test case’ raising novel issues including the ‘Chinese Wall’ defence and investment banks’ procedures for handling potential conflicts of interest. All of ASIC’s claims were dismissed.

Suncorp/ANZ merger in the successful Competition Tribunal appeal.

ASX Limited in proceedings by Isignthis Limited seeking to challenge ASX’s determination to suspend ISX from trading.

Global investment banks in relation to various ASIC investigations and enforcement.

Bank of China in Federal Court proceeding concerning fraudulent USD50m promissory note.

Commonwealth Bank of Australia and Bankwest in the ‘exception fee’ class action.

Hanlong Mining in relation to ASIC insider trading investigation and associated prosecutions.

JPMorgan in relation to futures broking client’s fraudulent passing of cheques.

ASX-listed entities in relation to continuous disclosure compliance and ASIC infringement notice proceedings.

CEO and founder of financial services firm and broker/dealer in successfully opposing ASIC banning order and securing confidentiality regime.

Bendigo and Adelaide Bank on its successful appeal related to the acquisition of Macquarie Bank’s margin lending business.

M&A:

Various clients on numerous merger and demerger schemes of arrangement,

Centro in its restructure, involving creditors’ schemes of arrangement.

CSR on its successful appeal in connection with the demerger of sugar business Sucrogen.

Various clients on contested applications before the Australian Takeovers Panel

Mining.

BHP Billiton in international arbitration against Amcor regarding Philippines nickel joint venture.

Northern Territory Government on the constitutional challenge to the Jabiluka uranium mine.

Ross Mining in landowner class actions in the Solomon Islands.

Commissions of inquiry:

A multinational company in the Royal Commission into Trade Union Governance and Competition in 2014-15.

ActewAGL in the coronial inquiry into the 2003 Canberra bushfires.

A multinational company in the coronial inquest into the 1997 landslide at Thredbo Village, NSW, and subsequent civil litigation.

A multinational company in the Royal Commission into the Australian Building and Construction Industry in 2001-3, the Royal Commission into the Building Industry in New South Wales in 1991-2 and the Royal Commission into the Leasing of Centenary House in 2004.