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Macquarie flex commission class action says loans were part of ‘staged sales process’
Class Actions 2022-05-02 3:58 pm By Sam Matthews

The plaintiffs in a class action over alleged unfair flex commission arrangements have hit back at Macquarie Leasing’s claims that out-of-pocket customers should have negotiated better deals with car dealers, arguing car loans were taken out as part of a “staged sales process” that limited negotiation.

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Mayfair’s James Mawhinney loses challenge to re-examination
Restructuring & Insolvency 2022-04-29 10:05 pm By Sam Matthews

The former director of Mayfair’s failed IPO Wealth Holdings, James Mawhinney, has lost his challenge to a judge’s decision allowing liquidators to examine him for an eighth day about the transfer of “considerable assets and funds” from the fund to other entities he controlled.

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ASIC loses waiver argument over privileged docs in case against REST
Competition & Consumer Protection 2022-04-29 2:18 pm By Sam Matthews

A judge has panned ASIC’s bid to discover a wide range of privileged communications between super fund REST and various legal advisers, finding the regulator used a “very wide net” to catch nothing at all.

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Judge signs off on 40% cut for law firm in Arrium class action
Class Actions 2022-04-27 1:16 pm By Cat Fredenburgh

A judge has approved a 40 per cent group costs order for the law firm that’s running a class action against KPMG and former directors of collapsed mining company Arrium, the highest approved since the state began allowing lawyers to earn a cut of class action awards.

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KPMG settles with principal allegedly subjected to ‘aggressive, belittling’ emails
Employment 2022-04-27 2:08 pm By Cat Fredenburgh

Accounting giant KPMG has resolved a lawsuit brought by a principal director who alleged he was told to “change and adjust” to “belittling” attacks by a partner on the debt advisory team.

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ASIC fines Maritime Super for misleading super members over fees
Financial Services 2022-04-27 11:32 pm By Cat Fredenburgh

Industry fund Maritime Super has been fined $26,640 by the corporate regulator for allegedly misleading members about the impact of its partnership with superannuation fund Hostplus.

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‘Pretty unsatisfactory’: Judge sceptical of Colonial plan to stick ATO with settlement distribution
Class Actions 2022-04-22 1:34 pm By Sam Matthews

A judge has expressed doubts over Colonial First State’s plan to pass on part of its duties to the ATO in distributing a $56.3 million settlement secured by customers in a Maurice Blackburn-led class action.

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Westpac slugged with $113M in penalties in six ASIC cases
Financial Services 2022-04-22 3:02 pm By Christine Caulfield

A judge on Friday slugged Westpac with a $40 million penalty for charging advice fees to over 11,800 dead customers in the last of six cases brought by the corporate regulator, taking the total to be paid by the bank to $113 million.

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Ex-Deloitte director accused of $3M fraud suspended from restructuring group
White Collar 2022-04-21 2:29 pm By Cat Fredenburgh

A former Deloitte director accused of embezzling $3.1 million to fund lavish purchases, including an extensive art collection, has been referred to police and suspended by an association for Australian restructuring professionals.

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Judge signs off on $32M in penalties against Westpac
Financial Services 2022-04-21 3:47 pm By Cindy Cameronne

A judge has approved $32 million in penalties against Westpac in two cases brought by the corporate regulator accusing the bank of misleading thousands of “vulnerable” customers about their debts and failing to manage the accounts of deregistered companies.

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