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‘No real contrition’: ASIC seeks $17.5M penalty against AMP in fees for no service case
Financial Services 2022-08-29 9:00 pm By Sam Matthews

ASIC has told a judge AMP should face a $17.5 million penalty for deducting $356,000 from customers’ superannuation accounts for advice they never received, saying the wealth manager had shown “no real contrition” for its conduct.

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Pitcher Partners gave bad advice on $2.5M Zap Fitness share buy-back: suit
Accounting 2022-08-29 11:29 pm By Cindy Cameronne

The former owner of fitness franchise Zap Fitness has sued accounting firm Pitcher Partners, claiming it failed to properly advise on a troubled share buy-back scheme that spawned litigation the company paid $4.25 million to settle.

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MobiSuper, ZIB Financial fined $250,000 for ‘misleading’ superannuation marketing
Financial Services 2022-08-29 6:16 pm By Sam Matthews

A judge has fined superannuation fund promoter MobiSuper and licensee ZIB Financial $250,000 for misleading marketing calls.

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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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‘Alarming consequences’ if each building warranty breach creates new claim, court says
Construction 2022-08-26 11:27 pm By Sam Matthews

A judge has ruled that separate breaches of statutory building warranties do not create individual causes of action, in a win for an owners corporation bringing claims against the builder of an allegedly defective Haymarket apartment building.

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Inchcape keeps up fight with Chubb over coverage for ransomware attack losses
Appeals 2022-08-26 11:12 pm By Cat Fredenburgh

UK automotive distributor Inchcape has challenged a judgment that put insurer Chubb on the hook for some but not all of the financial losses stemming from a cyberattack that allegedly caused $4 million in loss.

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Cricket Australia plays COVID card in Seven contract dispute
Contracts 2022-08-25 2:43 pm By Sam Matthews

Cricket Australia says the COVID-19 pandemic was a force majeure event under its broadcast agreement with the Seven Network, which has sued the sporting governing body over alleged breaches of the deal.

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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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Mercedes-Benz to cop penalty over Takata airbag recall
Competition & Consumer Protection 2022-08-24 11:23 pm By Cat Fredenburgh

Mercedes-Benz will face a penalty in ACCC proceedings alleging the luxury car maker exposed consumers to serious injury or death by failing to comply with obligations under a compulsory recall of potentially deadly Takata airbags.

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Law firms lay down swords in Mesoblast shareholder class actions
Class Actions 2022-08-24 1:54 pm By Cat Fredenburgh

Two law firms that filed competing class actions against regenerative medicine company Mesoblast for allegedly misleading shareholders about its Remestemcel-L treatment for COVID-19 complications have agreed to join forces and sidestep a beauty parade.

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