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Fennessey, a lawyer, was recently charged with money laundering offences. Details of the charges were reported in the local newspaper. Fennessey claims he is the

Fennessey, a lawyer, was recently charged with money laundering offences. Details of the charges were reported in the local newspaper. Fennessey claims he is the victim of a "frame up" by the Federal Police and intends to plead not guilty to the charges. Soon after the report Fennessey went to the races and collected $9,000 in winning bets. The following day he visited the ANZ Bank and deposited his winnings in cash. The bank manager is considering reporting the transaction. She contacted Fennessey's partner to alert him to the bank's concerns about Fennessey and to the possibility of an investigation into his professional dealings. Ultimately the charges against Fennessey are dropped.

Advise Fennessey.

  1. The bank has breached its duty of confidentiality.
  2. The bank has not breached its duty of confidentiality.
  3. The bank manager would have been liable for misleading and deceptive conduct if it had remained silent about Fennessey.
  4. None of these answers are correct.

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