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Clock’s ticking for Mayfair companies to obtain legal representation
Financial Services 2020-12-10 2:04 pm By Miklos Bolza

Embattled Mayfair Group director James Mawhinney is under pressure to secure legal representation to defend his companies against a misleading and deceptive conduct case brought by ASIC, but the Big Six firm he has in mind has yet to commit. 

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Judge finds ‘good reason’ for Linchpin examination docs to be used in class action
Class Actions 2020-12-10 1:58 pm By Miklos Bolza

A judge has allowed documents obtained from examination proceedings against directors of Linchpin Capital to be used in a class action against the failed financial services group.

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ASIC won’t challenge loss in Tennis Australia case, but more claims may be coming
Sports 2020-12-09 9:52 pm By Miklos Bolza

ASIC will not appeal a Federal Court decision tossing the majority of its case against former Tennis Australia director Harold Mitchell and accusing the regulator of “confirmatory bias” in bringing the case, but has foreshadowed fresh claims related to allegedly inconsistent statements given during its investigation.

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ASIC accuses iSignthis of breaching disclosure obligations
Financial Services 2020-12-07 9:39 pm By Spencer Fowler Steen

ASIC has launched civil proceedings against iSignthis and its CEO, alleging the company breached its continuous disclosure obligations by failing to inform shareholders that client Visa had ended their relationship due to concerns over the fintech’s money laundering compliance.

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ASIC wins winding up orders against accused Ponzi schemer Chris Marco
Financial Services 2020-12-07 9:26 pm By Christine Caulfield

A judge has ordered the winding up of a managed investment scheme operated by Perth businessman Chris Marco and his company AMS Holdings after investors allegedly lost more than $200 million.

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ASIC not ‘disproportionately prejudiced’ by GetSwift’s move to Canada, judge says
Corporate 2020-12-01 9:23 pm By Miklos Bolza

A judge has found that a plan by last mile logistics software company GetSwift to relocate to Canada in the midst of ongoing civil litigation would not “disproportionately prejudice” ASIC, which is seeking penalties against the company.

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ASIC takes CBA to court over $2.9M in overcharged interest
Financial Services 2020-12-01 11:24 am By Cat Fredenburgh

The Australian Securities and Investments Commission has filed civil penalty proceedings against the Commonwealth Bank of Australia for allegedly saddling consumers with $2.9 million in inflated interest rates on their business overdraft accounts on more than 12,000 occasions.

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ASIC wins case against insurer Youi over 2-year delay on hail damage claim
Insurance 2020-11-27 10:18 pm By Cat Fredenburgh

A court has found that insurer Youi breached its duty of utmost good faith by taking two years to settle a home owner’s hail storm claim.

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Judge postpones signing off on GetSwift move to Canada until FIRB approval
Corporate 2020-11-27 7:49 pm By Cat Fredenburgh

A judge has indicated she will approve GetSwift’s plans to relocate to Canada, despite concerns raised by ASIC, but will wait until the company has received approval from the Foreign Investment Review Board.

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Rio Tinto execs’ trial vacated given likelihood of COVID-19 vaccine
COVID-19 2020-11-27 6:58 pm By Spencer Fowler Steen

A judge has vacated a seven-week trial in proceedings brought by ASIC against two former Rio Tinto executives to March or April 2022, after they requested a “lengthy delay” to ensure a COVID-19 vaccine would be available before they travel to Australia for trial.

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