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GetSwift slammed for ‘unfair attack’ on judge hearing class action, ASIC case
Class Actions 2021-02-15 7:18 pm By Miklos Bolza

GetSwift has been criticised for its “quite unfair attack” on a Federal Court judge who refused to disqualify 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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Trial against Mayfair goes ahead undefended, as a muted Mawhinney listens in
Financial Services 2021-02-15 3:57 pm By Christine Caulfield

The Australian Securities and Investments Commission presented its misleading and deceptive conduct case against companies in the Mayfair Group in an undefended trial on Monday, while the beleaguered investment group’s director watched the online proceedings as a muted observer.

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Commonwealth Bank won’t defend ASIC case over $2.9M in overcharged interest
Financial Services 2021-02-12 12:14 pm By Spencer Fowler Steen

Proceedings launched by ASIC in December accusing the Commonwealth Bank of Australia of saddling consumers with $2.9 million in inflated interest rates on their business overdraft accounts on more than 12,000 occasions will move swiftly to a penalties hearing.

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Appeals court overturns three counts against jailed fraudster who scammed Magpies fans
White Collar 2021-02-11 9:32 pm By Spencer Fowler Steen

Jailed con artist Douglas Johnston, who was convicted of defrauding investors of $815,000 in 2019, has successfully appealed three of nine dishonesty charges, with a judge finding that depositional evidence from two witnesses should have been discounted.

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Ex-Freedom Foods GC strikes back at serious misconduct claims
Employment 2021-02-10 6:37 pm By Spencer Fowler Steen

A former Freedom Foods group general counsel is seeking aggravated damages from the food and beverage manufacturer for claiming in court filings that she was fired for serious misconduct.

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Former Linchpin boss gets legal aid while waiting on insurers in ‘chaotic’ London
Restructuring & Insolvency 2021-02-10 4:43 pm By Christine Caulfield

London is in a “complete state of chaos” and no amount of pressing by law firm Moray & Agnew has produced an answer from underwriters about the extent of his insurance coverage, former Linchpin Capital Group CEO Peter Daly has said in a three-paragraph defence to disqualification proceedings by the corporate regulator.

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Westpac fires back in class action, says car loan borrowers could have shopped around
Financial Services 2021-02-09 4:26 pm By Spencer Fowler Steen

Westpac has hit back at a class action accusing it of colluding with car dealers on a “shonky” car loan scheme that allowed them to hike up interest rates to earn higher commissions, saying consumers could have shopped around for a better deal.

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‘Completely futile’: ASIC resists mediation push from judge concerned about cost of IOOF trial
Financial Services 2021-02-08 12:25 pm By Spencer Fowler Steen

A judge has ordered ASIC to enter mediation before heading into a “very expensive” trial with an IOOF subsidiary accused of giving shonky advice, over objections from the regulator that mediation would be “completely futile”.

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Judge OKs $9.5M McMillan Shakespeare settlement despite funder, lawyers taking bulk
Class Actions 2021-02-05 5:29 pm By Spencer Fowler Steen

A judge has approved a $9.5 million settlement in a class action against McMillan Shakespeare as fair and reasonable, allowing a common fund order and a nearly 30 percent commission for the litigation funder despite previously raising “real concerns” about the small portion flowing to group members.

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High Court rejects Westpac’s ‘gloss’ on financial product advice statute
High Court 2021-02-03 10:51 am By Christine Caulfield

The High Court has dismissed an appeal by Westpac challenging a ruling that found the bank breached its duties to customers by providing personal financial advice as part of a telephone campaign encouraging customers to roll over external superannuation accounts.

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