media release (17-298MR)

Full Federal Court allows mortgage broker's appeal against banning

Published

On 1 September 2017, the Full Federal Court upheld an appeal by former Victorian finance broker Meenakshi Devi Callychurn and her company Unique Mortgage Services Pty Ltd (UMS), against the decision of a single Judge of the Federal Court upholding Ms Callychurn's banning from engaging in credit activities and the cancellation of UMS' Australian credit licence. The Court has remitted the matter to the Administrative Appeals Tribunal to be re-heard.

In March 2015 ASIC banned Ms Callychurn from engaging in credit activities for five years and cancelled the credit licence of UMS (refer: 15-064MR).

Ms Callychurn appealed ASIC's decisions to the AAT and on 29 February 2016, the AAT varied ASIC's decision to ban Ms Callychurn from engaging in credit activities from five years to four years. The AAT upheld the cancellation of the credit licence of UMS (refer: 16-057MR).

On 27 January 2017, the Federal Court dismissed Ms Callychurn and UMS' appeal against the AAT decision (refer: 17-019MR).

The banning of Ms Callychurn and the cancellation of UMS' credit licence remain in place.

Download the Full Federal Court's decision.

Editor's note:

On 7 and 26 March 2018, the matter was re-heard in the Melbourne Administrative Appeals Tribunal.

Editor's note 2:

On 25 October 2019, and upon remittal from the Full Federal Court, the AAT affirmed ASIC's decision to ban Ms Callychurn from engaging in credit activities for five years and to cancel the Australian Credit License of UMS (19-294MR).

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