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CBA says ‘non-existent’ chance it will make admissions in ASIC’s conflicted remuneration case
Financial Services 2021-03-11 7:27 pm By Cindy Cameronne

The Commonwealth Bank of Australia has told a judge there’s no chance it will admit to ASIC’s allegations that it accepted conflicted remuneration through the sale of its Essential Super product, likening the matter to ASIC’s failed ‘Wagyu and shiraz’ case against Westpac.

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‘Insureds are not only risks; they are people’: Judge slams TAL’s treatment of cancer patient’s claim
Chief Justice James Allsop 2021-03-10 10:28 pm By Cindy Cameronne

In another victory for ASIC in a case stemming from the banking royal commission, a judge has ruled that TAL Life Limited breached the Insurance Contracts Act after denying coverage to a cancer patient and threatening to recover $24,000 it had already paid to her.

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Insurers confirm coverage of Linchpin directors in class action, ASIC case
Financial Services 2021-03-08 11:04 pm By Christine Caulfield

After months of uncertainty and a scolding from the judge about “vague” excuses, former Linchpin Capital directors facing proceedings by ASIC and a class of investors have been given assurance that their legal costs will be covered under an insurance policy.

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Judge orders penalties of $1.4M in ASIC’s case against Dover Financial
Financial Services 2021-03-05 6:17 pm By Cindy Cameronne

A judge has ordered that defunct Dover Financial Advisors and its former director pay $1.4 million in penalties for creating a misleading client protection policy he described as “an exercise in Orwellian doublespeak.”

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GetSwift wins appeal bid to disqualify judge from class action
Appeals 2021-03-05 10:38 am By Spencer Fowler Steen

GetSwift has triumphed in its bid to disqualify a judge who refused to recuse himself from hearing a shareholder class action against the logistics software company after presiding over ASIC’s civil penalty proceeding against the company.

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Statewide Super cancelled 12,500 fund members’ insurance while charging them, ASIC claims
Financial Services 2021-03-04 9:32 pm By Spencer Fowler Steen

ASIC has launched civil penalty proceedings against Statewide Super alleging that around 12,500 fund members were not covered by any insurance policy for a year despite the super fund informing them that they had cover while deducting monthly premiums worth $1.5 million.

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iSignthis says disclosing end of Visa relationship would not have affected share price
Financial Services 2021-03-04 4:07 pm By Spencer Fowler Steen

Fintech company iSignthis has struck back at allegations by the Australian Securities and Investments Commission that it breached its continuous disclosure obligations by failing to inform shareholders that Visa was ending its relationship, saying the disclosure would not have affected its share price.

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ASIC accuses REST of deceiving members over super fund transfers
Financial Services 2021-03-02 9:48 pm By Christine Caulfield

The Australian Securities and Investments Commission has brought court action against Retail Employees Superannuation, alleging the super trustee may have misled members about their ability to move their super out of the REST Trust.

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Fair trial may not be possible for adviser targeted by ASIC in IOOF unit case, court told
Financial Services 2021-03-01 9:57 pm By Christine Caulfield

A financial adviser at the centre of ASIC’s bad advice case against an IOOF unit might mount an argument that a fair trial is not possible because of his “fulsome” answers to investigators during a compulsory examination.

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CBA broker subsidiaries admit ‘systemic compliance failures’ as ASIC launches new case
Financial Services 2021-03-01 6:10 pm By Miklos Bolza

ASIC has launched court action against two Commonwealth Bank of Australia subsidiaries that have admitted multiple “systemic compliance failures”, including the overcharging of more than $4.3 million in brokerage fees.

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