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3 words doom Santos appeal over $55M BNP guarantee
Energy & Natural Resources 2019-02-05 12:06 am By Cat Fredenburgh

Three words missing from a demand letter have sunken oil and gas producer Santos Limited’s appeal of a loss in its dispute with French bank BNP Paribas over a $55 million bank guarantee.

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Royal Commission tells ASIC it’s time to litigate
Financial Services 2019-02-04 10:34 pm By Cat Fredenburgh

Companies that run afoul of the law should brace for more courtroom battles against ASIC, after the Hayne Royal Commission urged the corporate regulator to make litigation a central pillar of  its enforcement strategy.

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Hayne recommends criminal charges against at least two entities, but doesn’t name names
Financial Services 2019-02-04 10:25 pm By Christine Caulfield

Banking royal commissioner Kenneth Hayne has recommended at least two unnamed entities face criminal charges for dishonest conduct connected to their fees for no service practices, an offence that carries a maximum penalty of 10 years’ jail or a hefty fine, or both.

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Common fund orders in class actions either ‘premature’ or ‘pointless’, joint appeals court told
Appeals 2019-02-04 8:39 pm By Miklos Bolza

An appeal before a historic joint sitting of two courts over so-called common fund orders in class actions kicked off Monday with a full bench of six judges and a packed courtroom hearing arguments by eminent barristers for BMW and Westpac that the orders are either preemptive or pointless.

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ASIC bans Commonwealth Bank from charging ongoing service fee
Financial Services 2019-02-04 1:46 pm By Cat Fredenburgh

The Australian Securities and Investments Commission has ordered Commonwealth Bank to immediately stop charging customers service fees, after the bank violated the terms of an enforceable undertaking related to its fees for no service conduct.

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Visa settles competition lawsuit over currency conversion ban
Competition & Consumer Protection 2019-01-31 10:01 pm By Cat Fredenburgh

Visa has resolved a lawsuit by a fintech founder alleging it misused its market power by banning the use of dynamic currency conversion services in several countries, including Australia and the US.

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Judge OKs $16.4M Cash Converters settlement, but axes scheme administrator clause
Class Actions 2019-01-31 7:51 pm By Miklos Bolza

A judge has signed off on a $16.4 million settlement of a class action against Cash Converters, but not before scrapping a clause he said tied the court’s hands by making the deal conditional on the appointment of Maurice Blackburn as scheme administrator.

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Court demands greater transparency from ASIC in AMP insurance case
Financial Services 2019-01-30 3:17 pm By Miklos Bolza

ASIC has been ordered to reveal the extent of its communications with experts that are compiling a report central to its case against AMP over alleged insurance churning by one of its former financial advisers.

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One in five audits lack basis for giving financial reports the all-clear, ASIC finds
Financial Services 2019-01-24 9:50 pm By Christine Caulfield

The Australian Securities and Investments Commission has called for the big accounting firms to focus on “culture and talent” after a new report found one in five audits had no reasonable basis for clearing company financial reports of material misstatements.

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Frydenberg says not so fast on post-Hayne Commission reforms
Financial Services 2019-01-22 10:17 pm By Cat Fredenburgh

Treasurer Josh Frydenberg said new laws may not be needed to remedy the cracks in the  financial system laid bare during the Hayne Royal Commission. 

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