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REST’s reliance on law firms’ advice a winning defence in ASIC case
Financial Services 2024-09-18 11:22 pm By Sam Matthews

A judge has tossed ASIC’s case against REST over alleged misleading representations, finding the representations were statements of opinion reasonably held based on the advice of lawyers.

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ASIC loses waiver argument over privileged docs in case against REST
Competition & Consumer Protection 2022-04-29 2:18 pm By Sam Matthews

A judge has panned ASIC’s bid to discover a wide range of privileged communications between super fund REST and various legal advisers, finding the regulator used a “very wide net” to catch nothing at all.

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‘Significant allegations’: ASIC ordered to flesh out case against REST
Financial Services 2021-04-09 2:53 pm By Cindy Cameronne

A judge has ordered ASIC to flesh out its case accusing the Retail Employees Superannuation of misleading members about their ability to move their super out of the REST Trust, given the “significant” allegations that a deliberate system was behind the superannuation trustee’s alleged misconduct.

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‘Insureds are not only risks; they are people’: Judge slams TAL’s treatment of cancer patient’s claim
Chief Justice James Allsop 2021-03-10 10:28 pm By Cindy Cameronne

In another victory for ASIC in a case stemming from the banking royal commission, a judge has ruled that TAL Life Limited breached the Insurance Contracts Act after denying coverage to a cancer patient and threatening to recover $24,000 it had already paid to her.

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ASIC accuses REST of deceiving members over super fund transfers
Financial Services 2021-03-02 9:48 pm By Christine Caulfield

The Australian Securities and Investments Commission has brought court action against Retail Employees Superannuation, alleging the super trustee may have misled members about their ability to move their super out of the REST Trust.

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ASIC wins case against insurer Youi over 2-year delay on hail damage claim
Insurance 2020-11-27 10:18 pm By Cat Fredenburgh

A court has found that insurer Youi breached its duty of utmost good faith by taking two years to settle a home owner’s hail storm claim.

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Fonterra denied strict confidentiality regime in Bega trade mark dispute
Intellectual Property 2018-08-29 9:33 pm By Cat Fredenburgh

A judge has denied a bid for a strict regime for dealing with confidential information in a lawsuit between cheese giants Fonterra and Bega over alleged violations of the terms of a trade mark licensing agreement.

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