Gadens

While the Australian Competition and Consumer Commission has set out to rein in the market power of Google and Facebook, the sweeping proposals in the regulator’s final digital platforms report would affect a large number of businesses and could have a detrimental effect on smaller companies and innovation, lawyers say.

A judge has refused to order the removal of a selfie photograph with model Kylie Jenner from the personal Instagram account of the former CEO of a trendy Australian sunglasses retailer, saying such an injunction would intrude on her “personal freedom”.

Lawyers for IOOF chief financial officer David Coulter have dismissed APRA’s allegations that he breached his superannuation duties as commercially “naïve”, “absolutely desperate” and a “most egregious example” of impulsive regulatory enforcement action.

The former directors of troubled fund manager IOOF have slammed APRA for bringing a “truly hopeless” disqualification case against them, telling a court the prudential regulator’s “Stalinist” approach was deterring “good people and good companies” from participating in the superannuation industry.

APRA has been accused of harbouring an “unhinged hatred” for former IOOF managing director Chris Kelaher by his counsel, who was objecting to internal APRA documents he claims were disparaging of the wealth management company and its executives.

The prudential regulator has opened the first day of its case against IOOF directors and entities by claiming the wealth manager’s liability is “plain as a pike staff”, as IOOF contends the regulator’s case is “artificial and theoretical” and “overly simplistic”.

A court has approved a settlement between the liquidators of failed fund manager Equititrust and auditor KPMG, after not a single objection was raised by unitholders or creditors who won’t receive anything after the entire amount is paid to the funder.

Shareholders of troubled sandalwood producer Quintis who are eligible group members in two consolidated class actions against the company can bet on which of the two cases will give them the best returns, if any, and the Federal Court has appointed an independent lawyer to help them make the choice.

The approval of a settlement between the liquidators of failed fund manager Equititrust and auditor KPMG has been postponed to allow time to notify creditors and unitholders that they won’t see a cent, an outcome the judge called “a long way from litigation in any traditional sense”.

Ernst & Young, which has been named in a class action over its auditing of sandalwood producer Quintis, has filed cross-claims alleging Quintis should pick up the tab for any liability it may face in the proceedings.