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Judge ‘pleasantly surprised’ by virtual trials, refuses to delay GetSwift hearing
Trials 2020-04-09 8:07 pm By Alison Eveleigh

A judge has refused to delay a civil penalty hearing brought by ASIC against GetSwift, scheduled to begin in June, after the logistics company argued that the virtual hearing necessitated by the COVID-19 pandemic would be prejudicial and the proceedings should be adjourned.

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ASIC brings action against Mayfair 101 for ‘misleading’ advertising
Financial Services 2020-04-06 10:15 pm By Christine Caulfield

The Australian Securities and Investments Commission has launched proceedings against investment firm Mayfair 101 Group and Mayfair Platinum accusing them of misleading advertising.

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Directors look to shut down COVID-related shareholder class actions
Class Actions 2020-04-06 10:34 am By Cat Fredenburgh

The Australian Institute of Company Directors is calling on the Federal Government to bar lawsuits over coronavirus-related disclosures, including class actions, but some lawyers warned the proposal would leave companies free to mislead and deceive shareholders.

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Real estate agents in ASIC’s crosshairs over super advice to tenants
Financial Services 2020-04-03 9:45 pm By Cat Fredenburgh

Real estate agents advising tenants who may be unable to pay their rent to draw down their superannuation have raised the ire of the Australian Securities and Investments Commission, which warned they could be violating the Corporations Act.

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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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