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CommSec agrees to $20M penalty for ‘serious and unacceptable’ system failures
Financial Services 2022-03-03 9:02 pm By Bianca Hrovat

Commonwealth Bank unit CommSec has agreed to pay a $20 million penalty for a series of “serious and unacceptable” failures that lead to excessive fee charges, a court has heard.

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ACCC flags supply chain competition in COVID-19 era as new priority
Competition & Consumer Protection 2022-03-03 4:15 pm By Sam Matthews

The ACCC will target businesses seeking to use COVID-related disruptions to global and domestic supply chains as “a veil for illegal conduct” the watchdog’s outgoing chair has said in setting out the regulator’s priorities for 2022.

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ASIC to target company directors over cyber risk, climate change disclosures 
ASIC 2022-03-03 9:32 pm By Sam Matthews

Directors have been warned by the corporate regulator to take an active role in the management of cyber risks or face enforcement action.

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FWO takes Sushi Bay to court for alleged worker underpayments
Employment 2022-03-03 3:18 pm By Sam Matthews

The Fair Work Ombudsman has commenced legal proceedings against the Sushi Bay group of restaurants and its owner for allegedly underpaying workers to the tune of $650,000.

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Probuild administrators look to forestall ‘nightmarish’ construction delays
Restructuring & Insolvency 2022-03-02 2:34 pm By Bianca Hrovat

Administrators for building giant ProBuild have won more time to examine its assets as they try to avoid the “nightmarish prospect” of costly delays to the company’s projects.

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Abandoned IVF clinic merger no win for ACCC, judge says
Competition & Consumer Protection 2022-03-01 4:54 pm By Christine Caulfield

The ACCC got what it wanted when IVF providers Virtus Health and Healius terminated a proposed $45 million merger, but it wasn’t a win, a judge has said in mostly denying the regulator’s bid to recover the costs of its court challenge to the deal.

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ASIC drops most claims against Rio Tinto over $5.8B acquisition
Securities 2022-02-28 1:31 pm By Miklos Bolza

The Australian Securities and Investments Commission has dropped all but one claim against Rio Tinto in a four-year-long case over disclosures related to its troubled $5.8 billion acquisition of a Mozambique coal mining business and abandoned all claims against the mining giant’s former CEO and CFO.

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ACCC weighs changing the law to rein in tech giants
Competition & Consumer Protection 2022-02-28 3:47 pm By Sam Matthews

The Australian Competition and Consumer Commission is considering whether new laws are needed to rein in Google, Apple and Facebook, including rules to curb self-preferencing conduct and strengthen the merger review framework.

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‘Wolf trader’ can wait until ASIC shows its cards, judge says
Financial Services 2022-02-25 3:32 pm By Bianca Hrovat

The self-declared “wolf trader” of the Gold Coast, Tyson Scholz, will not have to provide a concise statement in response to the Australian Securities and Investments Commission’s case accusing him of providing unlicensed financial services, a judge has ruled.

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Mayfair’s ex-lawyers may fight claim that ‘flagrant incompetence’ led to court loss
Appeals 2022-02-24 7:36 pm By Bianca Hrovat

Former legal representatives of companies in the Mayfair 101 group are considering an application to strike out part of an appeal that alleges their “flagrant incompetence” led to director James Mawhinney copping a 20-year ban on soliciting investor funds.

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