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Full Court should decide whether Qld energy class action is managed investment scheme, court told
Class Actions 2021-08-02 3:02 pm By Cat Fredenburgh

The Full Court should determine whether a class action accusing two state-owned energy generators of gaming Queensland’s energy pricing system needs to comply with regulations requiring litigation funders to register class actions as managed investment schemes, a court has been told.

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ASIC wins bad advice case against IOOF unit RI Advice
Financial Services 2021-08-02 10:30 am By Cindy Cameronne

The Australian Securities and Investments Commission has won its case against IOOF unit RI Advice, with a judge finding the financial services firm failed to ensure its advisers acted in the best interests of clients and did not give inappropriate advice.

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‘He just hasn’t tried very hard’: Westpac slams Forum founder Bill Papas’ evidence of assets
Financial Services 2021-07-30 4:49 pm By Miklos Bolza

Westpac has told the Federal Court it has “grave concerns” about Forum Group founder Bill Papas’ evidence of his assets, contained in affidavits lodged on Thursday after weeks of non-compliance with a judge’s orders.

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ASIC takes AMP to court for charging super members fees for no service
Financial Services 2021-07-30 12:42 pm By Bianca Hrovat

The Australian Securities and Investments Commission has hit financial services provider AMP with court action over fees-for-no-service conduct that allegedly led to upwards of $600,000 being unlawfully withdrawn from superannuation member accounts.

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Feud over app notice in $7M CBA case could shift balance towards higher penalties
Financial Services 2021-07-29 4:08 pm By Miklos Bolza

A judge weighing a dispute between ASIC and the Commonwealth Bank over whether notice of a $7 million penalty should be sent out through the bank’s Commbank app has questioned the usefulness of adverse publicity notices and whether they should be ditched for higher pecuniary penalties in the future.

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ASIC wins declarations against Sargon Capital unit over super fund promotion 
Financial Services 2021-07-28 10:37 pm By Christine Caulfield

The Australian Securities and Investments Commission has secured declarations in its case against a Sargon Capital subsidiary, which partnered with a superfund promoter accused of misleading customers in marketing calls.

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Judge vacates Westpac insider trading trial despite ‘misgivings’
Financial Services 2021-07-26 2:46 pm By Miklos Bolza

A judge has vacated next year’s trial in ASIC’s insider trading case against Westpac despite “misgivings”, and has made orders regarding confidential evidence after the Australian financial watchdog argued that handing the material to the bank could damage its relationship with its Hong Kong counterpart.

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Linchpin liquidators get final chance to defend class action
Class Actions 2021-07-23 2:14 pm By Miklos Bolza

A judge has given the liquidators of Linchpin Capital a final chance to defend a shareholder class action before judgment is made against the collapsed financial services group and one of its subsidiaries.

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Judge lashes Forum Finance director’s failure to comply with court orders
Financial Services 2021-07-22 9:57 pm By Miklos Bolza

A judge has issued an ultimatum to Forum Finance director Bill Papas for his “entirely unsatisfactory” conduct in failing to provide details of personal assets while defending three lawsuits that accuse him of being behind a $400 million fraud.

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Westpac’s profits relevant, judge says in imposing $3M fees-for-no-service penalty
Financial Services 2021-07-22 9:35 pm By Christine Caulfield

Westpac has been ordered to pay $3 million after two subsidiaries admitted misleading hundreds of superannuation customers about the financial adviser fees they were charged, a penalty that took into account the Big Four bank’s massive profits.

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