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ASIC to target company directors over cyber risk, climate change disclosuresĀ 
ASIC 2022-03-03 9:32 pm By Sam Matthews

Directors have been warned by the corporate regulator to take an active role in the management of cyber risks or face enforcement action.

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Probuild administrators look to forestall ‘nightmarish’ construction delays
Restructuring & Insolvency 2022-03-02 2:34 pm By Bianca Hrovat

Administrators for building giant ProBuild have won more time to examine its assets as they try to avoid the “nightmarish prospect” of costly delays to the company’s projects.

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ASIC drops most claims against Rio Tinto over $5.8B acquisition
Securities 2022-02-28 1:31 pm By Miklos Bolza

The Australian Securities and Investments Commission has dropped all but one claim against Rio Tinto in a four-year-long case over disclosures related to its troubled $5.8 billion acquisition of a Mozambique coal mining business and abandoned all claims against the mining giant’s former CEO and CFO.

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‘Wolf trader’ can wait until ASIC shows its cards, judge says
Financial Services 2022-02-25 3:32 pm By Bianca Hrovat

The self-declared ā€œwolf traderā€ of the Gold Coast, Tyson Scholz, will not have to provide a concise statement in response to the Australian Securities and Investments Commissionā€™s case accusing him of providing unlicensed financial services, a judge has ruled.

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Mayfair’s ex-lawyers may fight claim that ‘flagrant incompetence’ led to court loss
Appeals 2022-02-24 7:36 pm By Bianca Hrovat

Former legal representatives of companies in the Mayfair 101 group are considering an application to strike out part of an appeal that alleges their ā€œflagrant incompetenceā€ led to director James Mawhinney copping a 20-year ban on soliciting investor funds.

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GetSwift appeals judgment scathing of ‘PR-driven’ approach to disclosures
Securities 2022-02-22 10:28 pm By Christine Caulfield

Logistics company GetSwift and its directors are appealing a win for ASIC in the regulator’s case that alleged they breached their continuous disclosure obligations and engaged in misleading and deceptive conduct in the release of 22 ASX announcements.

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Judge finds ‘no immediate threat’ of harm in ASIC’s contempt case against Mayfair’s Mawhinney
ASIC 2022-02-18 4:19 pm By Bianca Hrovat

The Australian Securities and Investments Commission has lost an interim injunction bid against the director of investment firm Mayfair 101 in its case seeking a contempt finding, despite arguing there was a substantial risk of harm to consumers.

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Aware Finance cops $20M penalty in ASIC fees for no service action
Financial Services 2022-02-17 9:04 pm By Sam Matthews

Aware Finance, formerly StatePlus, has been fined $20 million for charging over 25,000 customers approximately $50 million for services they did not receive.Ā 

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High Court says class action shareholders can quiz directors of failed companies
Restructuring & Insolvency 2022-02-16 10:27 am By Christine Caulfield

In a boost to securities class actions, the High Court has ruled that directors of collapsed companies can be subjected to public examination by shareholders wanting to bring civil proceedings.

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Rio Tinto to cop penalty in ASIC case over failed $5.8B acquisition
Energy & Natural Resources 2022-02-11 11:37 pm By Cat Fredenburgh

Rio Tinto will face a penalty in proceedings brought by the Australian Securities and Investments Commission alleging the mining giant misled shareholders about the resources of a Mozambique mining company it acquired for $5.8 billion in 2011 and later offloaded for $70 million.

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