Southern Cross Media Group Limited 02R and 03R – Review Panel affirms Declaration of Unacceptable Circumstances

The review Panel has affirmed the initial Panel’s decision to make a declaration of unacceptable circumstances in Southern Cross Media Group Limited (see TP23/37).

The review Panel proposes to seek further submissions from the parties on orders in the first week of January 2024.

The review Panel is Bruce Cowley, Richard Hunt (sitting President) and John McGlue.

The review Panel will publish its reasons for the decision in due course on its website.

Southern Cross Media Group Limited

Introduction

  1. The Panel, Michael Borsky KC (sitting President), Sylvia Falzon and Marina Kelman, made a declaration of unacceptable circumstances in relation to the affairs of Southern Cross Media Group Limited. The application concerned contraventions of section 6061 by ARN Media Limited (ARN) and Allan Gray Australia Pty Limited (Allan Gray) and a contravention of the substantial holder provisions in section 671B by Allan Gray.

Mighty Kingdom Limited – Panel Accepts Undertakings and Declines to Make a Declaration

The Panel has accepted undertakings from Mighty Kingdom Limited (Mighty Kingdom), Gamestar Studios Pty Ltd (Gamestar) and entities controlled by Mr Shane Yeend (Yeend Entities) (see annexures) and declined to make a declaration of unacceptable circumstances in response to an application dated 20 November 2023 from Mighty Kingdom in relation to its affairs (see TP23/035).

Southern Cross Media Group Limited 03R – Panel Makes New Interim Orders

The President of the Panel previously made interim orders in response to a request from ARN Media Limited (ARN) in relation to a review of the Panel’s decision in Southern Cross Media Group Limited (Southern Cross) to make orders (see TP23/43).

In response to a request for additional interim orders by ASIC, the review Panel has made new interim orders (see Annexure A).

Southern Cross Media Group Limited 03R – Panel Receives Review Application and President Makes Interim Orders

The Panel has received an application from ARN Media Limited seeking a review of the Panel’s decision in Southern Cross Media Group Limited to make orders (see TP23/42).

A review Panel has not been appointed and no decision has been made whether to conduct proceedings.  The Panel makes no comment on the merits of the application.

Southern Cross Media Group Limited 02R – Panel Receives Review Application

The Panel has received an application from ARN Media Limited seeking a review of the Panel’s decision in Southern Cross Media Group Limited to make a declaration of unacceptable circumstances (see TP23/37).

A review Panel has not been appointed at this stage and no decision has been made whether to conduct proceedings. The Panel makes no comment on the merits of the application.

Whitehaven Coal Limited 02R – Panel Receives Review Application

The Panel has received an application from Bell Rock Capital Management LLP (Bell Rock) seeking a review of the Panel’s decision in Whitehaven Coal Limited (see TP23/36).

A review Panel has not been appointed at this stage and no decision has been made whether to conduct proceedings.  The Panel makes no comment on the merits of the application.