Media mogul Harold Mitchell has won his legal battle against ASIC over his role in negotiating the Australian open television rights.
ASIC has sought to have Mitchell fined and banned from being a company director, accusing the former Tennis Australia director of putting Seven’s interests over Tennis Australia’s.
41 out of 44 of the charges levelled against Mitchell were thrown out.
In his judgement, Justice Jonathan Beach said that although Mitchell had breached the Corporations Act, some of the accusations levelled against him had been exaggerated.
“In my view, he did so contravene s 180(1) on three occasions … but his contraventions are far narrower in scope than ASIC would have it.”
Mitchell will now face a “moderate pecuniary penalty”, but will not be banned from being a director or sitting on boards, as ASIC had requested.
Justice Beach also commented on the accusation that Mitchell had helped Seven secure the rights in 2013, when Network 10 had shown interest in the tournament.
“He did not think much of legal niceties and long-form agreements; as he would perceive it, mere matters of detail that had the tendency to produce unnecessary delay,” the judgement said.
“But ASIC’s case that Mr Mitchell deliberately sought to prefer Seven’s interests over TA’s [Tennis Australia] interests fails. I am satisfied that, although some of his conduct could be criticised, nevertheless he acted in what he perceived to be TA’s interests.”
Following the win, Mitchell’s publicist Tim Allerton lashed the regulator for pursuing his client.
“These allegations were clearly without any basis whatsoever from the outset of its investigation, yet ASIC chose to continue its misguided case,” the statement read.
“ASIC completely misunderstood the TV rights negotiations… relying on allegations from former Tennis Australia board members with an axe to grind.”
Kargo has today announced several major growth milestones across the APAC region for the first half of 2021, more than doubling H1 revenue year-over-year with 115 per cent growth. Kargo also ran 41 per cent more campaigns in the region than in H1 2020 and the average campaign size increased by 32 per cent over […]
Hootsuite has today announced its acquisition of Heyday, a Montreal-based conversational AI platform that enables brands to deliver personalised customer experiences through 1:1 messaging conversations. Commerce is rapidly moving onto social and messaging platforms. Hootsuite, a pioneer in the social media management category, has the largest customer base in the industry and with this acquisition […]
Moira Geddes, founder and director of independent food publication EATIVITY has been handpicked by IAB Australia to become the first ever micro-publisher to take part in its Mentorship Program, highlighting the important role that specialised custom digital sites play within the country’s media landscape. EATIVITY aims to keep consumers in the know and help small […]
Hivestack, the global ad tech leader in programmatic digital out of home (DOOH) advertising, today announced the appointment of Ichiro Jinnai as president, Hivestack Japan. Jinnai will be responsible for driving the regional strategy, direction and expansion of the Hivestack platform in Japan. “I am beyond thrilled to welcome Ichiro Jinnai to the Hivestack family,” […]
Audience measurement platform LENS Technology & Analytics has appointed Nikhil Elayat to Business Director to fast-track growth opportunities across Australia and New Zealand. Elayat (pictured) joins from New Zealand’s largest independent advertising agency, Stanley Street, where he was head of advertising technology. He played a pivotal role in building adtech functions within the performance team […]
Australian medical research institute, The Burnet Institute has launched, How Science Matters podcast. The informative podcast will be co-hosted by former ABC Radio journalist Tracy Parish and Burnet institute director and CEO Professor Brendan Crabb AC. Crabb is also a microbiologist, malaria researcher and will share his knowledge on contagious diseases. How Science Matters was […]