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Court orders winding up of Merlin Diamonds after ‘serious contraventions’ unearthed
Restructuring & Insolvency 2020-04-01 5:02 pm By Cat Fredenburgh

A judge has ordered that Joseph ‘Diamond Joe’ Gutnik’s Merlin Diamonds be wound up after the mining company’s provisional liquidators uncovered “serious contraventions” and a “serious failure of governance”.

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Over and out: Chief Justice says protocol needed to prevent overtalking in virtual trials
Insurance 2020-03-31 4:20 pm By Miklos Bolza

The Chief Justice of the Federal Court says a system is needed to ensure parties don’t interrupt one another during virtual hearings, and noted the increase in online hearings brought on by the coronavirus may also free judges up to hear cases outside their registries.

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AUSTRAC, Westpac still locked in settlement negotiations, court hears
Financial Services 2020-03-30 9:51 pm By Alison Eveleigh

Westpac is still locked in mediation with AUSTRAC over allegations that it committed over 23 million breaches of anti-money laundering and counter-terrorism financing laws, with the bank’s hopes of moving to a penalty hearing in the early part of the year fading.

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Ex-Storm Financial directors lose appeal, Full Court finds they breached their duties
Financial Services 2020-03-27 10:38 pm By Christine Caulfield

The former directors of defunct financial advisory firm Storm Financial have failed in their appeal of a ruling that found they breached their duties to eleven vulnerable investors by providing a one-size-fits-all model of investment advice that was inappropriate.

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Court forces ASIC to delay warning against Mayfair 101 despite COVID 19-stoked investment fears
Financial Services 2020-03-26 9:44 pm By Miklos Bolza

A judge has ordered ASIC to wait 48 hours after making any decision to send a warning notice to investment conglomerate Mayfair 101 before publicly issuing the notice, despite the regulator’s call for urgent action amid the COVID-19 pandemic.

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ASIC to shift regulatory priorities amid pandemic
ASIC 2020-03-23 1:19 pm By Cat Fredenburgh

The Australian Securities and Investments Commission will continue its enforcement activities amid the spread of the coronavirus but will prioritise cracking down on behaviour that threatens “immediate consumer harm”.

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Clive Palmer loses second bid to quash criminal charges over resort villa takeover
Corporate 2020-03-19 4:37 pm By Christine Caulfield

Billionaire Clive Palmer has lost his appeals court fight to shut down criminal proceedings alleging his resort company breached takeover laws, with three judges saying his claims were untenable.

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Societe Generale faces criminal charges over handling of client money
Financial Services 2020-03-18 11:17 am By Cat Fredenburgh

The Australian arm of French investment banking giant Societe Generale is facing four criminal charges for allegedly failing to comply with its obligations to keep client money in separate bank accounts.

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‘Serious inadequacies’: AMP units fined $526,000 over derivative transaction reporting
Financial Services 2020-03-17 10:07 pm By Cat Fredenburgh

Two units of AMP have paid a $536,000 penalty for failing to report derivative transactions, with the Australian Securities and Investments Commission slamming the company for “serious inadequacies” in its reporting processes.

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CBA’s Colonial First faces ASIC action over MySuper statements
Financial Services 2020-03-17 9:20 pm By Christine Caulfield

The corporate cop has brought legal proceedings against the Commonwealth Bank’s wealth management unit claiming it made misleading or deceptive statements to over 12,000 fund members during the transition to MySuper accounts.

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