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Broker Openmarkets pays $4.5M penalty over ‘wash’ trades
Securities 2023-07-06 2:18 pm By Sam Matthews

Retail broker Openmarkets has paid the largest ever penalty handed down by ASIC’s markets disciplinary panel, with the regulator also banning its former trading head for three years.

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AMP financial advisers win class action over BOLR policy changes
Financial Services 2023-07-05 11:08 am By Cindy Cameronne

The lead applicant in a class action against AMP Financial Planning on behalf of 542 advisers has won $813,000 in damages after a judge found it could not retreat from a promise to buy back adviser businesses at four times their revenue. 

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GetSwift boss still can’t be found, court hears in lawsuit brought by co-founder
Securities 2023-07-04 2:23 am By Sam Matthews

GetSwift director Joel Macdonald still has not been served almost a year after his former Melbourne Demons teammate James Strauss filed a $15 million lawsuit against him, with a judge adjourning yet another substituted service application.

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Lawyers for TPG-backed Anew Climate taken to task for writ failure
Energy & Natural Resources 2023-06-29 9:53 pm By Sam Matthews

A judge has rejected TPG-owned Anew Climate’s bid for default judgment against an Australian company that allegedly impersonated a US carbon offset developer in order to unlawfully receive payments under a $1 billion deal, saying “it’s not hard” to make the application under the correct rule.

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Greensill UK wins halt to cross-claims in cases over $1.7B collapse
Restructuring & Insolvency 2023-06-29 4:26 pm By Sam Matthews

Greensill Capital’s UK division has won a stay of several lawsuits over the supply chain financing firm’s $1.7 billion collapse, but an insurer has already flagged a bid to press on with its claims against the company.

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ASIC’s power to order fines for Credit Code violations won’t face challenge
Financial Services 2023-06-27 11:54 pm By Cindy Cameronne

Queensland lender SunshineLoans has lost its second bid for the Full Court to decide whether ASIC has the power to bring civil penalty proceedings for violations of the Credit Code, with a judge finding its arguments were not strong enough to vacate an upcoming trial.

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CBA hires Clayton Utz partner to lead in-house legal team
Financial Services 2023-06-27 3:06 pm By Gareth Baker

Commonwealth Bank of Australia has recruited Clayton Utz partner and executive chair Karen O’Flynn to replace the outgoing Carmel Mulhern as the bank’s group general counsel.

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Nine can rely on reputation evidence in Euro Pacific CEO’s case
Defamation 2023-06-27 4:35 pm By Cindy Cameronne

Nine has partially won its bid to include evidence about the reputation of Euro Pacific CEO Peter Schiff in an attempt to minimise the damages it will owe after abandoning its substantive defences in defamation proceedings by the bank boss.

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$29M settlement in Westpac class action gets green light
Class Actions 2023-06-21 12:29 pm By Cindy Cameronne

A judge has approved a $29 million settlement in a class action against Westpac over ‘junk’ consumer credit insurance, a deal that earns the bank’s customers at least $19.6 million. 

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Last chance for class action against NAB to ‘get house in order’, judge warns
Class Actions 2023-06-21 11:17 pm By Christine Caulfield

A judge has admonished a class action applicant over continuing delays in a four-year-old class action against NAB which he said “should not be allowed to languish any longer”.

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