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Findex’s High Court challenge in case against former financial advisor falls flat
Accounting 2021-04-08 4:02 pm By Christine Caulfield

Accounting firm Findex Australia has lost a bid for the High Court to hear its case over a restraint provision against a former financial advisor found to have been unenforcable.

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In win for ASIC, judge rules Mayfair misled investors about risk
Financial Services 2021-03-23 3:24 pm By Miklos Bolza

A judge has handed ASIC a victory in finding that investment group Mayfair 101 misled investors about the level of risk of its financial products, a ruling that will expose the group to pecuniary penalties at a time when a number of its entities have been wound up.

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CBA says ‘non-existent’ chance it will make admissions in ASIC’s conflicted remuneration case
Financial Services 2021-03-11 7:27 pm By Cindy Cameronne

The Commonwealth Bank of Australia has told a judge there’s no chance it will admit to ASIC’s allegations that it accepted conflicted remuneration through the sale of its Essential Super product, likening the matter to ASIC’s failed ‘Wagyu and shiraz’ case against Westpac.

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Trial against Mayfair goes ahead undefended, as a muted Mawhinney listens in
Financial Services 2021-02-15 3:57 pm By Christine Caulfield

The Australian Securities and Investments Commission presented its misleading and deceptive conduct case against companies in the Mayfair Group in an undefended trial on Monday, while the beleaguered investment group’s director watched the online proceedings as a muted observer.

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ASIC secures court order to wind up Mayfair 101 unit
Restructuring & Insolvency 2021-01-29 10:07 pm By Christine Caulfield

A judge has ordered the winding up of M101 Nominees, the issuer of $67 million in notes promoted by James Mawhinney’s failed Mayfair 101, which is alleged to owe investors over $211 million.

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ATO can’t toss lawsuit by Melbourne migration lawyer who fled to Romania
Tax 2021-01-21 3:21 pm By Cat Fredenburgh

The Commissioner of Taxation has failed in his bid to dismiss a lawsuit brought by a bankrupt migration lawyer who fled to Romania and owes $4.7 million in taxes, but has managed to strike out some claims a judge found had “no reasonable prospect of success”.

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Court scraps mediation in ASIC case as Mayfair fails to retain Ashurst
Financial Services 2020-12-23 4:12 pm By Miklos Bolza

A judge has vacated a scheduled mediation in ASIC’s misleading and deceptive conduct case against three companies in the beleaguered Mayfair Group after they failed to procure legal representation despite assurances that lawyers would be engaged promptly.

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‘Risky, illiquid and speculative’: Class action launched over Mayfair’s failed IPO Wealth Fund
Class Actions 2020-12-14 1:03 pm By Miklos Bolza

A class action has been filed against the trustee and responsible entity of the Mayfair Group’s IPO Wealth Fund, which was wound up in September after $86 million of investor funds were lost.

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Clock’s ticking for Mayfair companies to obtain legal representation
Financial Services 2020-12-10 2:04 pm By Miklos Bolza

Embattled Mayfair Group director James Mawhinney is under pressure to secure legal representation to defend his companies against a misleading and deceptive conduct case brought by ASIC, but the Big Six firm he has in mind has yet to commit. 

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Findex can’t enforce ‘convoluted’ restraint clauses against advisor who poached clients, court says
Accounting 2020-10-30 10:23 pm By Miklos Bolza

Accounting firm Findex has lost an appeal of a court’s judgment tossing its case against a former financial advisor, despite the court finding he had poached the company’s clients and caused $742,000 in losses.

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