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Ex-Dick Smith CEO should be liable for approving $28.5M in dividends, appeals court told
Restructuring & Insolvency 2022-05-30 9:30 pm By Cindy Cameronne

The former CEO of failed electronics retailer Dick Smith should be held responsible for approving two dividend payments worth $28.5 million which the company could not afford to pay given it owed millions in unpaid bank loans and supplier debts, an appeals court has heard. 

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No penalty for IOOF unit RI Advice in ASIC’s novel cybersecurity case
Privacy & Cybersecurity 2022-05-05 12:24 pm By Christine Caulfield

IOOF financial advice unit RI Advice has escaped a penalty in a test case alleging cybersecurity failures, but the firm must engage an IT security company and pay the corporate regulator’s legal costs.

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IOOF unit settles ASIC’s cybersecurity test case
Privacy & Cybersecurity 2022-04-20 12:48 pm By Sam Matthews

IOOF unit RI Advice has agreed to settle novel proceedings brought by the Australian Securities and Investments Commission claiming it failed to protect its clients against cybersecurity risks.

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ACCC appeals ruling over Mazda’s ‘appalling’ customer service
Appeals 2022-04-14 9:42 pm By Cindy Cameronne

The consumer watchdog is challenging a court ruling that found Mazda’s treatment of customers with defective vehicles was “appalling” but did not amount to unconscionable conduct.

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MLC admits to contraventions in $17.5M ASIC suit
Financial Services 2022-03-24 10:49 pm By Cindy Cameronne

Wealth manager MLC Limited has admitted to violating the Corporations Act by failing to send overdue notices to policyholders over a 15-year period, but will defend the bulk of ASIC’s claims in proceedings accusing it of causing $17.5 million in harm to over a quarter of a million consumers.

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Law firms earned $68M for defending lawsuits over collapse of Dick Smith
Restructuring & Insolvency 2022-02-11 11:15 pm By Christine Caulfield

The law firms and barristers who defended former Dick Smith directors in sprawling litigation over the failure of the electronics retailer earned close to $68 million in fees, a court has heard.

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ACCC appeals ruling from judge who ‘gagged’ at proposed $5M Employsure penalty
Appeals 2022-01-14 11:58 am By Cat Fredenburgh

The ACCC will seek a higher penalty against Employsure over misleading Google advertisements, after a judge found the consumer regulator’s proposed $5 million penalty was inappropriate and instead ordered the specialist workplace relations consultancy to pay $1 million.

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NAB, HSBC should pay for Dick Smith receivers’ court loss, judge hears
Restructuring & Insolvency 2021-12-15 6:15 pm By Miklos Bolza

National Australia Bank and HSBC should be “jointly and severally liable” to pay a portion of the costs of a failed case brought by Dick Smith’s receivers against the company’s former directors because the banks stood to gain financially if the lawsuit was successful, the NSW Supreme Court has heard.

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Mazda’s customer service ‘appalling’ and misleading, but not unconscionable, judge finds
Competition & Consumer Protection 2021-11-30 4:11 pm By Christine Caulfield

Mazda’s treatment of customers with defective vehicles was “appalling” and its statements about their entitlement to a refund were false or misleading, a judge has found in a partial win for the ACCC.

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Judge orders Employsure to pay $1M after ‘gagging’ at ACCC’s proposed sum
Employment 2021-11-30 5:43 pm By Bianca Hrovat

Specialist workplace relations consultancy Employsure has been ordered to pay a $1 million penalty over a series of misleading Google advertisements, a figure significantly lower than the $5 million sought by the Australian Competition and Consumer Commission.

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