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Escala’s non-compete restraints against ex-partners an ‘overreach’: court
Employment 2024-11-04 2:29 pm By Cindy Cameronne

Wealth manager Escada Partners has lost its lawsuit against two former partners who defected to rival LGT Crestone, with a judge finding a five-year non-compete clause was unreasonable.

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ASIC sues Oak Capital for alleged Credit Code dodge on $37M in loans
Competition & Consumer Protection 2024-10-30 11:06 pm By Cat Fredenburgh

ASIC claims non-bank lender Oak Capital engaged in unconscionable conduct by deliberating employing a business model to skirt the National Credit Code when issuing $37 million in loans.

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Salter Brothers sues insurer to cover $3.5M in costs to defend client’s lawsuit
Insurance 2024-10-29 11:38 pm By Cindy Cameronne

Investment manager Salter Brothers has sued XL Insurance, saying it has “unreasonably delayed” covering the costs of defending a former client’s lawsuit alleging misleading conduct.

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ASIC warns financial services firms of risk of governance lag with AI use
Financial Services 2024-10-29 11:23 pm By Andy Sidler

The corporate regulator has warned financial services and credit licensees to get ahead of the curve in regulating the use of AI, particularly in the face of novel risks that include algorithm bias.

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S&P entitled to Rolls-Royce defence in CDO class action: court
Financial Services 2024-10-28 11:26 pm By Cat Fredenburgh

S&P is free to pay for a Rolls-Royce defence in “Rolls-Royce litigation” that alleges the agency engaged in fraud in assigning ratings to risky financial products, a judge has said.

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Discovery led to funder dropping class action against Westpac unit
Financial Services 2024-10-25 3:19 pm By Sam Matthews

A class action targeting Westpac subsidiary BT Funds and Tal Life Insurance was discontinued after documents discovered by the companies caused funder Woodsford to bow out.

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Flex commissions class action judge says expert evidence not for his ‘comfort’
Class Actions 2024-10-24 11:30 pm By Cindy Cameronne

Expert evidence is not meant to “provide a judge with comfort”, a judge has found in rejecting evidence from two experts in flex commissions class actions against Westpac and Macquarie.

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Boss of crypto exchange Mine Digital charged with $2.2M fraud
Cryptocurrency 2024-10-22 4:01 pm By Christine Caulfield

The CEO of defunct cryptocurrency exchange Mine Digital has faced court charged with fraud linked to a $2.2 million transaction.

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Mastercard can’t appeal ACCC’s ‘novel’ use of judicial notice rule
Competition & Consumer Protection 2024-10-17 11:31 pm By Andy Sidler

The court has rejected Mastercard’s bid to appeal an evidentiary win for the ACCC in the regulator’s misuse of market power case against the payments giant.

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CBA hit with $7.5M penalty for breaching spam laws
Privacy & Cybersecurity 2024-10-17 4:50 pm By Sam Matthews

Commonwealth Bank has paid a $7.5 million penalty after an ACMA investigation found it sent over 170 million emails that violated spam laws. 

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