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Former AMP general counsel says document claim ‘tantamount to extortion’
Employment 2020-04-08 1:48 pm By Miklos Bolza

A former general counsel who claims she was sacked from AMP after raising concerns about the company’s fees for no services conduct has mostly succeeded in her bid for further particulars of allegations made in the company’s defence, including a claim that she called “tantamount to extortion”.

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ASIC brings action against Mayfair 101 for ‘misleading’ advertising
Financial Services 2020-04-06 10:15 pm By Christine Caulfield

The Australian Securities and Investments Commission has launched proceedings against investment firm Mayfair 101 Group and Mayfair Platinum accusing them of misleading advertising.

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Citing coronavirus, judge orders limited discovery in ANZ, Westpac ‘junk’ insurance class actions
Class Actions 2020-04-03 11:18 pm By Christine Caulfield

Noting the challenge of searching for documentary evidence while employees are working from home, a judge overseeing two consumer class actions against ANZ and Westpac has directed the banks to hand over only a limited number of documents to the applicants, and given them extra time to do it.

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Real estate agents in ASIC’s crosshairs over super advice to tenants
Financial Services 2020-04-03 9:45 pm By Cat Fredenburgh

Real estate agents advising tenants who may be unable to pay their rent to draw down their superannuation have raised the ire of the Australian Securities and Investments Commission, which warned they could be violating the Corporations Act.

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Sparke Helmore says it should have to pay no more than $7.6M of IOOF judgment
Appeals 2020-04-03 9:24 pm By Alison Eveleigh

Sparke Helmore has admitted that legal advice it provided to IOOF subsidiary Australian Executor Trustees was inadequate but has argued it should be responsible only for up to 10 per cent of the $76.6 million judgment against AET over the sale of a timber plantation by collapsed forestry giant Gunns Group.

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Judge OKs notice in Westpac class action foreshadowing ‘expense sharing order’
Class Actions 2020-04-02 10:51 pm By Christine Caulfield

A judge has approved a notice in a class action against Westpac alerting group members that an “expense sharing order” will be sought by the applicants if or when the case settles, the first ruling of its kind since the High Court struck down common fund orders.

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Sparke Helmore equally responsible for $76M judgment against IOOF unit, court hears
Appeals 2020-04-02 10:37 pm By Alison Eveleigh

Sparke Helmore is equally responsible for a $76.6 million judgment against IOOF subsidiary Australian Executor Trustees over the sale of a timber plantation by collapsed forestry giant Gunns Group, an appeals court heard Thursday.

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AUSTRAC, Westpac still locked in settlement negotiations, court hears
Financial Services 2020-03-30 9:51 pm By Alison Eveleigh

Westpac is still locked in mediation with AUSTRAC over allegations that it committed over 23 million breaches of anti-money laundering and counter-terrorism financing laws, with the bank’s hopes of moving to a penalty hearing in the early part of the year fading.

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Group members to get policy cancellation info in NAB insurance class action settlement
Class Actions 2020-03-30 9:02 pm By Alison Eveleigh

A judge overseeing a class action against National Australia Bank over ‘junk insurance’ has ordered that potential group members be given information about cancelling the policies, but not before taking the applicants to task for not having the polices automatically cancelled as part of the $49.5 million settlement.

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Ex-Storm Financial directors lose appeal, Full Court finds they breached their duties
Financial Services 2020-03-27 10:38 pm By Christine Caulfield

The former directors of defunct financial advisory firm Storm Financial have failed in their appeal of a ruling that found they breached their duties to eleven vulnerable investors by providing a one-size-fits-all model of investment advice that was inappropriate.

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