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Ernst & Young can’t rely on privilege against self-incrimination in LM Investment lawsuit
Financial Services 2020-10-22 9:12 pm By Miklos Bolza

A judge has found that auditor Ernst & Young cannot rely on the privilege against self-incrimination in a lawsuit brought over its audits of failed financial services firm LM Investment Management.

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Mayfair’s Mawhinney can’t stop trial prep in ASIC cases
Financial Services 2020-10-22 4:57 pm By Miklos Bolza

James Mawhinney, director of the besieged Mayfair Group, has lost his bid to slow down two proceedings filed by ASIC which he claims will have a “catastrophic” effect on his business, staff and investors.

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AUSTRAC’s record $1.3B penalty for Westpac’s money laundering breaches wins court OK
AUSTRAC 2020-10-21 2:50 pm By Christine Caulfield

A judge has given the greenlight to AUSTRAC’s $1.3 billion penalty against Westpac over the bank’s 23 million breaches of money laundering and counter-terrorism laws, the biggest regulatory fine ever paid by an Australian company.

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Societe Generale hit with $30,000 penalty for criminal breaches of client money rules
Financial Services 2020-10-21 1:08 pm By Christine Caulfield

The Australian unit of French investment bank Société Générale must pay a $30,000 penalty after pleading guilty to four counts of breaching client money handling rules.

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Banned celebrity financial advisor Sam Henderson fined $10,000
Financial Services 2020-10-20 4:47 pm By Cat Fredenburgh

Former celebrity advisor and banking royal commission witness Sam Henderson has avoided jail time and been fined $10,000 after pleading guilty to dishonesty and defective disclosure offences for falsely telling clients he had completed a Master of Commerce degree.

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In partial win for QBE, judge pares back ANZ add-on insurance class action
Class Actions 2020-10-20 9:36 am By Christine Caulfield

A judge has sided in part with QBE Insurance and pared back a class action over allegedly worthless add-on insurance sold by ANZ to credit card and personal loan customers.

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Judge fines NAB $15M, questions ASIC’s ‘introducer’ investigation
Financial Services 2020-10-19 6:01 pm By Miklos Bolza

A judge has slapped National Australia Bank with a $15 million penalty over its scandal-ridden home loan introducer program but slammed ASIC’s investigation into the program, saying there was no “real regulatory desire to pursue a thorough investigation as to what in truth occurred”.

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Flexigroup tries again to overcome Zip opposition to ‘no interest’ trade mark
Intellectual Property 2020-10-19 9:46 am By Cat Fredenburgh

Fintech Flexigroup has appealed rival Zip Co’s successful opposition to its ‘No Interest Ever!’ trade mark, which an IP Australia delegate found was a laudatory phrase incapable of distinguishing the goods of a single trader.

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Judge backs ASIC plan to ban OTC binary options as issuers hit with $75M penalty
Financial Services 2020-10-16 4:52 pm By Christine Caulfield

Over-the-counter derivative issuers AGM Markets, OT Markets and Oxifin Tech have been ordered to pay a total of $75 million in penalties after a ruling that they engaged in unconscionable conduct causing losses of over $30 million to unsophisticated investors seeking what a judge called “financial heroin hits”.

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‘Solicitors love them’: Judge rails against discovery ‘tsunami’ in class actions
Class Actions 2020-10-15 11:47 am By Miklos Bolza

The judge overseeing a class action against Westpac over superannuation fees has criticised costly discovery processes that produce a “tsunami of material”, most of which is never used at trial.

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