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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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ASIC takes Nuix to court over ‘misleading’ market announcements
Securities 2022-09-29 2:01 pm By Sam Matthews

The Australian Securities and Investments Commission has filed long-awaited action against troubled tech company Nuix and a handful of former and current directors over allegedly misleading revenue announcements to investors.

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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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‘Surprising and concerning’: AMP hit with $14.5M penalty in fees for no service case
Financial Services 2022-09-20 11:00 pm By Cindy Cameronne

A judge has imposed a $14.5 million penalty on five AMP entities, saying it was “surprising and concerning” that the wealth manager deducted $356,000 from customers’ superannuation accounts for advice they never received, despite numerous complaints.

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ACCC puts ‘greenwashing’ businesses on notice
ACCC 2022-09-20 9:49 pm By Cat Fredenburgh

The consumer regulator has taken a page from ASIC, warning it will take action against businesses that make unsupported environmental or sustainability claims.

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Judge rejects A One Multi receiver’s request for future remuneration
Restructuring & Insolvency 2022-09-20 1:02 pm By Cindy Cameronne

Two receivers for unlicensed investment scheme A One Multi Services have lost their bid to have 85 per cent of their future remuneration paid out immediately, with a judge agreeing with the corporate regulator that the receivers should not have “what are in effect trust funds”.

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Dixon Advisory hit with $7.2M penalty in ASIC case
Financial Services 2022-09-19 3:08 pm By Cat Fredenburgh

A judge has signed off on a $7.2 million penalty against Dixon Advisory after the company admitted to ASIC allegations that its advisors failed to act in its clients’ best interests by recommending they invest in a risky US-based real estate investment fund.

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Mayfair’s James Mawhinney wins reversal of 20-year ban
Appeals 2022-09-15 11:08 am By Sam Matthews

The founder of beleaguered investment group Mayfair 101, James Mawhinney, has won an appeal against a decision that saw him banned from soliciting funds or promoting any financial product for 20 years.

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‘Most regrettable’: Mawhinney’s incompetence claims against lawyers don’t come close, judges say
Financial Services 2022-09-15 1:52 pm By Sam Matthews

Despite scoring a win Thursday in his appeals court battle with ASIC, Mayfair 101’s James Mawhinney was criticized for his “spurious” claims against solicitors and counsel acting for him.

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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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