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McMillan Shakespeare unit denies car warranties ‘illusory’
Class Actions 2018-11-15 10:55 pm By Cat Fredenburgh

Defending a class action alleging its vehicle warranties were worthless, a unit of car leasing company McMillan Shakespeare said it has paid out claims to more 3,600 drivers, and was obligated to consider each claim “on its merits”.

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Ex-director of corporate insolvency firm ‘ambushed’ by partner, judge says
Restructuring & Insolvency 2018-11-13 7:21 pm By Cat Fredenburgh

A judge has found the former director of Sydney-based insolvency practice CRS Warner Kugel is entitled to compensation after he was “ambushed” out of the firm in 2014.

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Court rejects Westpac’s $35M settlement with ASIC
Financial Services 2018-11-13 11:41 am By Miklos Bolza

The Federal Court has thrown out a proposed $35 million settlement between ASIC and Westpac over responsible lending breaches, saying the agreement was “unworkable” and left the court in an “information vacuum”.

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Common fund order in CBA class action put on ice
Class Actions 2018-11-12 10:55 pm By Cat Fredenburgh

A judge has adjourned an application by law firm Slater & Gordon for a common fund order in a class action against the Commonwealth Bank and its wealth management unit, amid two landmark challenges to the courts’ powers to make such orders.

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Funder wants major role in common fund challenge
Class Actions 2018-11-12 8:58 pm By Miklos Bolza

Litigation funder Regency Funding has sought leave to intervene as a major player in one of two challenges to the courts’ powers to issue common fund orders in class actions, but it might have a fight on its hands.

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ASIC strips AGM of financial services licence
Financial Services 2018-11-09 8:56 pm By Cat Fredenburgh

Retail OTC derivative issuer AGM Markets has had its financial services licence canceled, after ASIC found it engaged in unconscionable conduct and failed to manage conflicts of interest.

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Westpac hit with $3.3M penalty in BBSW case
Financial Services 2018-11-09 8:18 pm By Cat Fredenburgh

Westpac has been ordered to pay a $3.3 million penalty for engaging in unconscionable conduct when it traded in bank bills in an attempt to influence the benchmark Bank Bill Swap Rate on four occasions, with a Federal Court judge admitting the fine was “inadequate.”

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Challenges to common fund orders to be heard together, Chief Justice says
Appeals 2018-11-08 9:53 pm By Christine Caulfield

Two far-reaching appeals challenging the court’s power to order all members of an open class action to pay a litigation funder will be heard together, and soon, the Federal Court’s top judge said Thursday.

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Bank of Queensland loses fight with insurer over $6M class action settlement
Insurance 2018-11-07 10:22 pm By Cat Fredenburgh

Bank of Queensland has lost a dispute with two insurers over coverage for a $6 million settlement of a class action brought by investors in a Ponzi scheme by jailed scammer Bradley Sherwin, with a judge shooting down the bank’s argument that the class action should only be considered one claim under the policy.

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ASIC wins $9M fine against Financial Circle
Financial Services 2018-11-05 1:36 pm By Christine Caulfield

The Australian Securities and Investments Commission has secured almost $9 million in penalties against Melbourne-based Financial Circle  over a scheme to extract advice fees and ongoing commission from borrowers who took out personal loans.

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