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Broker can’t take back admission in Provident class action defence
Financial Services 2018-09-21 2:38 pm By Miklos Bolza

A judge has shot down a last minute bid by an insurance brokerage facing a cross claim in a class action over failed debenture issuer Provident Capital to retract an admission in its defence ahead of trial next month.

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Union in UAE Exchange suit scolded for ‘throwing case into chaos’
Employment 2018-09-20 7:44 pm By Miklos Bolza

A landmark trial brought by the Financial Sector Union of Australia against UAE Exchange Australia has been vacated after a judge accused the union of “throwing the case into chaos” with a belated expert report.

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Financial adviser wins challenge to ASIC’s life ban
Financial Services 2018-09-19 7:37 pm By Cat Fredenburgh

The Australian Securities and Investments Commission failed to establish any grounds for permanently banning an ANZ financial adviser from the industry, a tribunal said in setting aside the decision Tuesday. 

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Judge wants funder’s cut in Westpac class action to come from net recovery
Class Actions 2018-09-19 1:58 pm By Cat Fredenburgh

A judge has agreed to sign off on an order in a massive class action against Westpac that could give 25 percent of any recovery to the litigation funder underwriting the case, on the condition that the funder accept a rate reflecting the net, not the gross, sum.

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ASIC deputy chair Peter Kell calls it quits
Financial Services 2018-09-18 10:09 pm By Christine Caulfield

The deputy chairman of the Australian Securities and Investments Commission, Peter Kell, has resigned just five months into a yearlong extension of his contract with the corporate watchdog.

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Judge dismisses MyBudget consumer class action
Class Actions 2018-09-18 9:59 pm By Miklos Bolza

MyBudget has successfully fought off a class action brought by consumers who claimed the budget management firm violated consumer law by holding onto interest earned on their personal budgeting accounts.

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ASIC sues Dover Financial, director for misleading clients
Financial Services 2018-09-17 3:53 pm By Cat Fredenburgh

ASIC has filed a lawsuit against shuttered financial adviser Dover Financial and its former director, who famously collapsed during questioning before the Royal Commission, over its client protection policy.

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Judge still not ready to sign off on Westpac’s $35M deal with ASIC
Financial Services 2018-09-14 11:25 pm By Miklos Bolza

A judge will appoint an independent barrister to examine Westpac’s recent $35 million settlement with the corporate regulator, saying it wasn’t clear if the bank had breached responsible lending laws as alleged.

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ASIC sues ANZ over $2.5B share placement
Competition & Consumer Protection 2018-09-14 4:20 pm By Cat Fredenburgh

ASIC has filed a lawsuit against ANZ alleging it breached its continuous disclosure obligations in relation to a $2.5 billion institutional share placement, which is also at the centre of a criminal cartel case against the bank.

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Funders react to ASIC’s thumbs down on licensing
Class Actions 2018-09-13 11:41 pm By Christine Caulfield

The corporate watchdog’s dim view of proposals to regulate litigation funders got a mixed reaction from big players in the industry Thursday, with its position supported by foreign funders but frowned on by at least one home-grown firm.

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