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AMP hit with $24M penalty for ‘unconscionable’ practice of charging dead customers
Financial Services 2023-05-19 12:16 pm By Christine Caulfield

A judge has ordered two AMP units to pay a total of $24 million after finding the wealth manager acted unconscionably in charging insurance premiums and advice fees to deceased customers.

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Court needs novel approaches for class actions or ‘system will collapse’, judge says
Class Actions 2023-03-27 2:15 pm By Cindy Cameronne

A judge overseeing a competition class action against Queensland power companies Stanwell and CS Energy has warned that judges need to be inventive in how they manage large group proceedings, otherwise the “system will collapse”.

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AMP to face off against ASIC over penalty for charging dead customers
Financial Services 2022-08-17 12:49 pm By Cat Fredenburgh

AMP has admitted ASIC’s allegations that it acted unconscionably in charging life insurance premiums and advice fees to deceased customers, but the wealth manager will go head to head with the regulator over how much it should pay for its contraventions.

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Judge says Queensland energy class action should be open to all eligible consumers
Competition & Consumer Protection 2022-07-11 6:32 pm By Cindy Cameronne

A judge has ordered that a competition class action against Queensland power companies Stanwell and CS Energy be made open to all energy consumers in the state, saying it was not a “plain vanilla” commercial class action. 

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Albanese government welcomes class action funder’s defeat of MIS regulation
Class Actions 2022-06-17 10:48 pm By Christine Caulfield

The federal government said Friday it would consider the implications of an appeals court’s finding that the managed investment scheme structure was unsuited to class actions, a ruling it said was a victory for ordinary Australians and a vindication for Labor.

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Full Court finds class actions are not managed investment schemes
Class Actions 2022-06-16 10:43 am By Cindy Cameronne

In a significant victory for litigation funders, the Full Federal Court has found that funded class actions are not managed investment schemes subject to regulatory oversight, gutting the legal basis for reforms enacted by the Morrison government in 2020.

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MIS regime ‘just cannot work’ for class action funding arrangements, court told
Class Actions 2022-05-25 10:46 pm By Christine Caulfield

A litigation funder challenging a decision underpinning recently enacted rules that require class actions to be registered as managed investment schemes told an appeals court Wednesday the decision was plainly wrong and the regime unworkable.

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AMP denies acting unconscionably by charging dead customers for life insurance
Financial Services 2022-05-10 9:50 pm By Cindy Cameronne

AMP has admitted two of its units charged customers fees for no service but denied it acted unconscionably in a case brought by the corporate regulator alleging it continued to charge advice fees and life insurance premiums to customers who had died. 

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Court appoints contradictor in class action funder’s challenge to MIS rules
Class Actions 2022-03-22 3:59 pm By Miklos Bolza

The Full Federal Court has appointed a contradictor to “take up the cudgels” against funder Litigation Capital Management, which has challenged a judgment refusing to find that a class action filed against Queensland electricity operators was not a managed investment scheme.

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Funder of Qld energy class action takes on MIS rules in appeal
Class Actions 2021-12-16 7:00 pm By Miklos Bolza

A litigation funder has taken aim at a landmark judgment in an appeal of a ruling that found its funding arrangement with group members in a class action against Queensland energy suppliers was a managed investment scheme.

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