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Octaviar liquidators get court OK to reject proofs of $900M in debt by subsidiaries
Restructuring & Insolvency 2019-09-24 9:18 pm By Christine Caulfield

The liquidators of failed Gold Coast investment group Octaviar have been given the thumbs up to reject over $900 million in proofs of debt from two of the firm’s subsidiaries after the Queensland Supreme Court ruled they had received competent legal advice on the matter and were justified in the rejections.

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James Estate Wines liquidator wins court OK to pursue $57M lawsuit against ANZ
Restructuring & Insolvency 2019-09-24 9:00 pm By Miklos Bolza

The special purpose liquidator appointed to four companies in the collapsed James Estate Wines group has been given the go-ahead by a judge to enter into a litigation funding arrangement with the conglomerate’s former director and pursue $57.1 million in potential claims against ANZ Banking Group.

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Lloyd’s loses bid for quick dismissal of NAB’s $655M insurance lawsuit
Insurance 2019-09-23 8:46 pm By Cat Fredenburgh

Three syndicates of Lloyd’s London have failed in their bid to toss a case brought by National Australia Bank seeking £357 million ($655 million) in insurance claims relating to two consumer redress schemes in the UK.

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Bendigo and Adelaide Bank loses 20-year-old trade mark for ‘Community Bank’
Intellectual Property 2019-09-20 10:21 pm By Cat Fredenburgh

A judge has overturned a win for Bendigo and Adelaide Bank in a trade mark battle with NSW-based Community First Credit Union, finding the credit union had successfully argued to revoke the bank’s 20-year-old trade mark for ‘Community Bank’.

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APRA defends decision to bring failed IOOF case
Financial Services 2019-09-20 8:03 pm By Amelia Birnie

The prudential regulator is standing by its decision to bring proceedings against IOOF for alleged breaches of superannuation duties, despite criticism that such a “highly litigious regulatory environment” is placing immense pressure on financial services executives.

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Judge slams APRA case against IOOF as ‘fundamentally inadequate’ and ‘tenuous in the extreme’
Financial Services 2019-09-20 10:04 am By Amelia Birnie

APRA’s purely documentary case against troubled fund manager IOOF has been dismissed by the Federal Court as “unpersuasive”, “fundamentally inadequate” and “tenuous in the extreme”, in another major blow to financial services regulators pursuing action in the wake of the banking royal commission.

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ASIC wins highest ever penalty against individual in $40M investment scam case
ASIC 2019-09-19 9:59 pm By Christine Caulfield

A judge has permanently banned the director of financial services firm Gallop International from the industry and proposed a record $3 million fine after the corporate watchdog brought enforcement action alleging $40 million of investors’ money disappeared from Gallop’s bank account.

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ACCC’s Sims says ‘strong competition’ lacking in retail banking sector
Competition & Consumer Protection 2019-09-18 4:48 pm By Cat Fredenburgh

ACCC Chair Rod Sims reiterated concerns about the lack of competition in the retail banking sector on Wednesday, but shut down media reports that the competition regulator is pushing for a royal commission-scale inquiry into the big four banks.

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Judgment looms for IOOF execs in APRA’s disqualification case
Financial Services 2019-09-17 11:53 am By Christine Caulfield

Five IOOF executives will learn their fate this week when a judge rules on a disqualification bid by the prudential regulator, the first judgment to be delivered by a court in a case filed in the wake of last year’s scandal-airing banking royal commission.

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ASIC retains external law firms to expedite banking royal commission cases
Financial Services 2019-09-11 9:02 pm By Miklos Bolza

With over 300 concurrent investigations on foot, the Australian Securities and Investments Commission has leaned heavily into its ‘why not litigate’ approach and is bringing outside help on board, including from law firms.

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