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Rio Tinto execs’ trial can wait until COVID-19 vaccine, court hears
COVID-19 2020-11-23 10:32 pm By Spencer Fowler Steen

A former Rio Tinto executive living in the US who wants to appear in person at an upcoming trial in a case brought by ASIC says the hearing should be moved to next year when a COVID-19 vaccine will likely become available and he could travel to Australia to “mount a vital defence”.

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Theta hit with $2M penalty for defective product disclosure statements
Financial Services 2020-11-19 9:41 pm By Cat Fredenburgh

A court has ordered Theta Asset Management, a collapsed financial services provider that ran a property investment scheme targeting retirees, to pay a $2 million penalty for issuing defective product disclosure statements.

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ASIC acting chair says Daniel Crennan rental payment disclosures were ‘opaque’
ASIC 2020-11-18 4:46 pm By Christine Caulfield

ASIC acting chair Karen Chester has labelled ‘opaque’ the disclosures made to commissioners a year before controversial rental assistance payments to the regulator’s outgoing deputy chair Daniel Crennan QC were made public, and said the payments would have raised a red flag.

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Five law firms to spar over liability in $15M Dover Financial negligence case
Financial Services 2020-11-18 12:59 pm By Cat Fredenburgh

Two more law firms have been joined to a lawsuit by defunct financial advisor Dover Financial accusing three law firms of providing negligent advice regarding an inaptly titled client protection policy which a judge found was “highly misleading” and “an exercise in Orwellian doublespeak”.

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Former BitConnect promoter hit with charges over alleged cryptocurrency scam
Financial Services 2020-11-17 7:33 pm By Spencer Fowler Steen

Former BitConnect promoter John Bigatton has been charged with a raft of cryptocurrency-related offences, including operating an unregistered managed investment scheme and making false or misleading statements to investors.

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Judge ‘currently minded’ to approve GetSwift’s Canadian relocation bid with caveats
Securities 2020-11-16 7:05 pm By Miklos Bolza

A judge has said she was ā€œcurrently mindedā€ to sign off on a scheme of arrangement that would see last-mile logistics software firm GetSwift relocate to Canada, but has sought further submissions on whether any Australian civil penalties sought against the company by ASIC would be enforceable in the Canadian courts.

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Ex-Linchpin Capital director can’t put disqualification challenge on ice
Financial Services 2020-11-16 3:01 pm By Cat Fredenburgh

A former director of defunct financial services company Linchpin Capital, who is facing a class action as well as civil penalty proceedings by ASIC, can’t put the brakes on his challenge to a five-year disqualification order by the regulator.

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Murray Goulburn’s former top execs banned from managing companies
Agriculture 2020-11-13 10:31 pm By Christine Caulfield

Murray Goulburn’s former managing director Gary Helou and chief financial officer Brad Hingle have been disqualified from heading up companies after they were found to have breached the Corporations Act for their role in the milk supplier’s repeated failure to disclose an expected material decrease in the milk supplier’s earnings guidance for 2016.

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GetSwift’s mid-litigation relocation bid ‘not a good look’, judge says
Corporate 2020-11-13 5:54 pm By Miklos Bolza

A judge said Friday that a bid by last-mile logistics software firm GetSwift to relocate to Canada as it faces a potential $20 million civil penalty from ASIC and a $50 million class action was “not a good look”.

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GetSwift assures court it is indemnified for judgments in ASIC case, class action
Securities 2020-11-12 6:07 pm By Miklos Bolza

Last-mile logistics software firm GetSwift has offered a last minute undertaking that it will be covered for any judgments and penalties in a class action and ASIC case, after a judge expressed concerns about the company’s bid to redomicile to Canada amid the ongoing litigation.

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