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CBA hit with $5M penalty for overcharging customers
Financial Services 2020-06-05 4:05 pm By Cat Fredenburgh

A judge has approved a $5 million penalty against the Commonwealth Bank of Australia for overcharging customers $8 million in fees and interest on its agricultural products, despite previously expressing concerns that the penalty was “on the light side”.

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ASIC’s proposed $5M penalty against CBA ‘on the light side’, judge says
Financial Services 2020-06-04 12:33 pm By Miklos Bolza

A judge has questioned ASIC’s proposed $5 million penalty against the Commonwealth Bank of Australia, saying it was “on the light side” for the bank’s conduct in overcharging $8 million in fees on its agricultural products.

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Dover ignored lawyers’ warnings about ‘misleading’ client policy, court hears
Financial Services 2020-06-01 5:12 pm By Miklos Bolza

Former Dover Financial director Terry McMaster on Monday admitted to personally drafting a so-called client protection policy described by a judge as an “exercise in Orwellian doublespeak”, as the court heard evidence that the defunct financial firm ignored red flags raised by two law firms about the policy.

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‘A significant imbalance’: Bendigo and Adelaide Bank loan contracts unfair, court finds
Financial Services 2020-05-29 6:01 pm By Miklos Bolza

The Federal Court has granted ASIC a legal win against Bendigo and Adelaide Bank, finding that its small business loan contracts were unfair and created a “significant imbalance” that was likely to detriment customers.

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Criminal charges ‘on the cards’ for WA businessman Chris Marco, court told
White Collar 2020-05-27 9:52 pm By Christine Caulfield

Accepting that criminal proceedings were “on the cards” for accused Ponzi schemer Chris Marco, a judge has ordered the appointment of receivers to his assets and those of his company, AMS Holdings, saying there was a strong need for an independent assessment of the investment activities of the WA businessman.

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Judge rejects GetSwift’s latest push to delay ASIC trial for a year
Securities 2020-05-21 9:43 pm By Christine Caulfield

Logistics company GetSwift and its directors have failed in a bid for a year-long delay of a trial scheduled to start next month in ASIC’s case alleging breaches of the Corporations Act, despite arguing that the procedural unfairness of a remote hearing gave the regulator a leg-up over the US-based company.

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Full Court to hear Cigno challenge to ASIC ban on short-term credit lending
Appeals 2020-05-20 12:07 pm By Cat Fredenburgh

Cigno has appealed a ruling shooting down its challenge to the first action brought by ASIC under its powers to prohibit ‘predatory’ financial products, which targeted the payday lender’s model of short-term credit lending.

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Murray Goulburn sues insurer for $8.85M to recover class action costs
Insurance 2020-05-07 2:29 pm By Christine Caulfield

Dairy cooperative Murray Goulburn has launched proceedings against AIG Australia seeking to recover 20 per cent of a $42 million class action settlement it paid, plus the legal costs of defending two class actions.

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Pershing pleads guilty to mishandling client funds in first criminal case of its kind
White Collar 2020-05-07 12:05 pm By Christine Caulfield

The Australian arm of global financial solutions provider Pershing faces sentencing after pleading guilty to criminal offences of mishandling client funds.

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ASIC actions lead to jump in criminal charges, millions in fines
ASIC 2020-04-29 9:27 pm By Christine Caulfield

Investigations by ASIC led to prosecutors laying 279 criminal charges in the last six months of 2019, an increase of 300 percent on the previous six months, the corporate watchdog’s latest report reveals.

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