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CBA defeats ‘misconceived’ ASIC conflicted remuneration case
Financial Services 2022-09-29 11:11 am By Sam Matthews

The Australian Securities and Investments Commission has suffered a defeat in proceedings alleging the Commonwealth Bank of Australia accepted conflicted remuneration through the sale of its Essential Super product, with a judge finding the regulator “ignored the circumstances” in which the product was distributed.

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Ex-Blue Star Helium CEO appeals banning order to High Court
Energy & Natural Resources 2022-09-26 3:03 pm By Cat Fredenburgh

The former CEO of Blue Star Helium has asked the High Court to throw out a $40,000 penalty and four-year ban imposed on him after the company failed to disclose to shareholders the identity of the buyer behind a botched sale of Texas oil assets.

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In loss for TerraCom, Full Court finds ASIC can view PwC report
Appeals 2022-09-07 12:57 pm By Sam Matthews

Coal mining firm TerraCom has lost its Full Court bid to shield a PricewaterhouseCoopers report from ASIC, on appeal from a judgment which found the regulator could view the report because of public statements made by the company.

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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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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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Scotch Whiskey Association wins permanent ban against importer
Intellectual Property 2022-08-16 5:42 pm By Sam Matthews

An Australian food and drink importer has been permanently banned from falsely using the words ‘Scotch’ and ‘Scotch Whisky’, after being sued by The Scotch Whisky Association for “flagrant” copyright infringement.

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‘If they were my clients I’d advise them to opt out’, barrister tells Aveo class action judge
Class Actions 2022-08-09 11:06 pm By Sam Matthews

The first ever amicus appointed in a fight over the wording of an opt out notice in a class action has told a court a proposed novel funding model in a case against retirement home provider Aveo Group could be a “nightmare scenario” for certain group members.

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Full Court shoots down appeal by former Blue Star Helium CEO
Appeals 2022-08-08 6:14 pm By Sam Matthews

The Full Federal Court has dismissed former Blue Star Helium CEO James Cruickshank’s challenge to a $40,000 penalty and four-year ban for failing to disclose to shareholders the identity of the buyer behind a botched sale of Texas oil assets.

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Albanese government welcomes class action funder’s defeat of MIS regulation
Class Actions 2022-06-17 10:48 pm By Christine Caulfield

The federal government said Friday it would consider the implications of an appeals court’s finding that the managed investment scheme structure was unsuited to class actions, a ruling it said was a victory for ordinary Australians and a vindication for Labor.

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RIP MIS: Funders, lawyers hail end of ‘ill-fitting’ regime for class actions
Class Actions 2022-06-16 11:46 pm By Christine Caulfield

The ruling by the Full Federal Court that funded class actions are not managed investment schemes marks the end of an ill-considered regime enacted by the Morrison government to rein in class actions, but the debate over regulation of litigation funders is not over yet.

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