ASIC case against ex-AWB CEO begins

23 October 2009

Sarah Wilson

EU regulation

In December 2007, ASIC commenced civil penalty proceedings in the Supreme Court of Victoria against six former directors and officers of AWB Ltd, the ex-ASX 100 constituent. The trial against the former CEO, Andrew Lindberg began in the Victorian Courts this week and is expected to run for several months.

The court proceedings have heard that AWB management knew that the "inland transport fees" levied by the Iraqi Grains Board between 1999 and 2003 had nothing to do with trucking wheat inside Iraq, that they were contrary to UN sanctions, and that by paying the fees the wheat exporter was ''simply paying a bribe'.

ASIC alleges that the defendants contravened section 180 of the Corporations Act, which requires company officers to act with care and diligence, and section 181, which requires company officers to discharge their duties in good faith and for a proper purpose.

ASIC is asking the Court for the disqualification of each of the defendants from acting as a director and for the imposition of penalties. The Cole Inquiry had previously been set up to examine contracts between AWB and the Iraqi Grain Board. ASIC alleges that these officers breached their duties under the Corporations Act in connection with AWB’s contracts with the IGB under the United Nations (UN) Oil-for-Food Program, which contained payments for purported inland transportation fees. The contracts covered by ASIC’s proceedings were entered into between 20 December 2001 and 11 December 2002 and involved the payment of A$126.3m in breach of UN sanctions.

A UN investigation commissioned in 2005 revealed AWB was the biggest single contributor of kickbacks to Iraq, handing over $US225m in breach of the sanctions between 1999 and 2003.

The defendants in the ASIC actions are:

Individual Position at AWB Andrew Lindberg Former Managing Director Trevor Flugge Former Chairman Peter Geary Former Group General Manager Trading Paul Ingleby Former Chief Financial Officer Michael Long Former General Manager of International Sales & Marketing (2001-2006) Charles Stott Former General Manager of International Sales & Marketing (2000-2001)

Further Reading

ASIC: Media Release

Business Day: AWB paid Iraq trucking fees regardless, court told

Business Day: AWB managers knew of Iraq scam, court told

Latest News

SHareholder meeting

ASX governance reform: simplification must preserve decision-useful disclosure

SHareholder meeting

Accountability Versus Allocation: Who Is Corporate Reporting For?

SHareholder meeting

SFDR Review Moves Forward, But Key Questions Remain for Investors

SHareholder meeting

German governance code reform: Minerva supports simplification, but draws a line at investor visibility

SHareholder meeting

FRC’s new regulatory approach signals a shift from rule-making to market stewardship

SHareholder meeting

Shein lists in Hong Kong at reduced valuation after protracted IPO journey

Featured Briefings

Minerva Briefing

Shareholder Proposal Voting Trends 2026 H1

Minerva Briefing

Virtual-Only AGMs

Minerva Briefing

UK Proxy Season Review 2026

Minerva is a global provider of sustainable stewardship solutions with over 30 years of expertise. Minerva empowers investors by providing essential tools, including ESG research and data and expert insights, enabling them to navigate the intricate and ever-evolving landscape of stewardship and proxy voting, whilst ensuring their decisions are well-informed and aligned with sustainable principles.

Related Stories

ASX Corporate Governance Principles and Recommendations

ASX governance reform: simplification must preserve decision-useful disclosure

September 16, 2026
Read More
Australia consults on climate disclosure rollback

Australia consults on climate disclosure rollback

August 27, 2026
Read More
APAC Corporate Governance Reforms 2026

APAC corporate governance reforms: Japan and Australia shift focus to governance effectiveness

July 22, 2026
Read More

Paramount shareholder lawsuit casts governance spotlight on Warner Bros merger

July 20, 2026
Read More
Musk Twitter Case

Musk Twitter lawsuit: Court refusal to void verdict reinforces liability for executive communications

July 9, 2026
Read More
Shareholder rights

Supreme Court Curbs Activist Lawsuits Against Investment Funds

June 17, 2026
Read More