Bank of Queensland will pay a $820,000 penalty after its Members Equity was found guilty of criminal charges over misleading representations, with a judge finding the defunct direct bank was no less responsible because the offending conduct resulted from a systems error.
Direct bank Members Equity has pleaded guilty to criminal charges over misleading representations to customers, but a judge has questioned the bankās submissions in favour of a low penalty, noting it was only āhappenstanceā that a systems glitch didnāt lead to worse outcomes for customers.
Lawyerly’s Litigation Law Firms of 2022 racked up precedent-setting victories in a year that continued to see major developments in class action law.
Federal prosecutors pursuing a case against Members Equity have lost an appeal of a ruling that threw out half the charges against the direct bank as time barred, with an appeals court finding the ASIC Act imposes a hard deadline for bringing a criminal case of misleading or deceptive conduct.
Challenging a ruling that tossed half the charges brought against direct bank Members Equity, prosecutors have told an appeals court the ASIC Act does not impose a strict deadline for bringing a criminal case of misleading or deceptive conduct.
The Australian Securities and Investments Commission is challenging a ruling that threw out half the criminal charges against direct bank Members Equity, arguing the statute of limitations doesn’t apply to serious corporate misconduct.
The ACCC has suffered a stinging defeat in its criminal cartel action against mobility equipment provider Country Care, its CEO and a former employee, with a jury handing down not guilty verdicts on all eight charges in the case.
The jury trial in a criminal cartel case against mobility equipment provider Country Care and two employees could be delayed due to coronavirus restrictions, as a majority of the parties, located in NSW, wait for restrictions to ease in order to travel to Victoria, a court has heard.
The jury trial for a criminal cartel case against mobility equipment provider Country Care and two employees is unlikely to start before next year due to restrictions on jury trials caused by the coronavirus pandemic, a judge has said.
A Federal Court judge has acknowledged concerns raised by the accused in a criminal cartel case against mobility equipment provider Country Care and two employees about how an upcoming jury trial will proceed if the coronavirus pandemic worsens, telling the parties the court had already taken measures to control the spread of the virus.