Murray Goulburn’s former managing director Gary Helou and chief financial officer Brad Hingle have been disqualified from heading up companies after they were found to have breached the Corporations Act for their role in the milk supplier’s repeated failure to disclose an expected material decrease in the milk supplier’s earnings guidance for 2016.
The corporate regulator is pushing for a three-year director ban against former Murray Goulburn managing director Gary Helou and a two-year disqualification order against the dairy cooperative’s former chief financial officer over misleading representations about farmgate milk prices five years ago.
The former chief financial officer of Murray Goulburn has asked a judge to relieve him from any disqualification order sought by the corporate watchdog in its case over his alleged role in the milk supplier’s continuous disclosure breaches, saying he is already the subject of orders that ban him from the dairy industry.
ASIC and other government regulators bringing enforcement action in the docket of one Federal Court judge must abide by a strict new protocol to prevent a repeat of the corporate watchdog’s “wait and see” strategy in a case against ex-Murray Goulburn directors that came close, the judge said, to bringing the administration of justice into disrepute.
A judge has refused a bid by two former Murray Goulburn executives to throw out a disqualification case brought by the Australian Securities and Investments Commission, despite admonishing the corporate regulator for its delay in bringing the case and establishing a protocol for regulators filing cases in his docket.
A judge on Friday asked the corporate regulator why it delayed action against former Murray Goulburn managing director Gary Helou and CFO Bradley Hingle until two years’ after the consumer watchdog brought its case against the pair.