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Mawhinney slammed for taking lawyers’ reputation ‘hostage’ in ASIC appeal
Financial Services 2022-08-26 11:50 pm By Sam Matthews

The former legal representatives of James Mawhinney have hit back at allegations of incompetence by the embattled Mayfair 101 founder on the last day of his appeal against decisions that saw him banned from soliciting funds or promoting any financial product for 20 years.

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Class action against Westpac says bank’s discovery not up to Worley standard
Class Actions 2022-08-24 11:17 pm By Christine Caulfield

Westpac and the lead applicant in a class action filed in the wake of AUSTRAC proceedings are still battling it out over discovery of evidence three years into the case. And the applicant claims the bank’s discovery protocol fails the new test set by the Full Federal Court earlier this year.

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Blue Sky, auditor EY hit with shareholder class action
Class Actions 2022-08-23 11:36 pm By Sam Matthews

Failed asset manager Blue Sky Alternative Investments has been served with a class action over the company’s alleged overstated financial reports between 2016 and 2018 that also targets nine former directors as well as auditors Ernst & Young.

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Lawyers’ failure kept me from claiming privilege, says Mayfair’s Mawhinney
Financial Services 2022-08-22 11:26 pm By Sam Matthews

The founder of beleaguered investment group Mayfair 101, James Mawhinney, has argued that multiple law firms failed to advise him of the privilege against self-exposure to penalty in proceedings brought by the corporate regulator, which saw him banned from soliciting funds or promoting any financial product for 20 years.

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Forum Finance judge recuses himself after questioning director’s credibility
Legal Ethics 2022-08-19 9:51 pm By Cindy Cameronne

A Federal Court judge has recused himself from hearing a fraud trial against Forum Finance, after expressing that he had an “unfavourable” impression of director Vince Tesoriero’s reliability as a witness.

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‘Concerned’ judge wants answers from AMP on remediation program
Financial Services 2022-08-19 11:05 pm By Cindy Cameronne

A judge has raised concerns that AMP Financial Planning has not compensated customers for allegedly failing to prevent life insurance churning, directing the firm to explain the “vanishingly small” number of people who have been remediated.

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AMP to face off against ASIC over penalty for charging dead customers
Financial Services 2022-08-17 12:49 pm By Cat Fredenburgh

AMP has admitted ASIC’s allegations that it acted unconscionably in charging life insurance premiums and advice fees to deceased customers, but the wealth manager will go head to head with the regulator over how much it should pay for its contraventions.

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Money transfer biz director retreats from credibility attack on key witness in cartel case
Competition & Consumer Protection 2022-08-16 1:40 pm By Cindy Cameronne

The director of a money transfer business accused of fixing foreign exchange rates has filed a defence attacking the credibility of the federal prosecutor’s key witness, but his new lawyer says the attack might not be maintained at trial.  

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Citigroup judge calls out ‘complex and arcane’ criminal cartel laws
Competition & Consumer Protection 2022-08-15 11:17 pm By Cat Fredenburgh

The judge who oversaw a discontinued criminal cartel case over a $2.5 billion ANZ share placement has bemoaned Australia’s overly complex criminal cartel laws, noting prosecutors stumbled in advancing the indictment despite the case involving a “not particularly complex” set of facts.

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ANZ denies wrongly hitting customers with cash advance fees
Competition & Consumer Protection 2022-08-15 3:19 pm By Sam Matthews

The Australia and New Zealand Banking Group has hit back at ASIC proceedings alleging it saddled hundreds of thousands of customers with cash advance fees after providing them with incorrect account balances, saying its customers were “expressly on notice” the fees would be charged.

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