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Trial date vacated again in Country Care criminal cartel case
Competition & Consumer Protection 2019-12-19 11:43 pm By Cat Fredenburgh

A judge has vacated an upcoming trial date in a criminal cartel proceeding against mobile equipment provider Country Care Group and two individuals, and allowed the defendants to appeal a first-of-its-kind ruling on jury directions in criminal cartel cases.

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Westpac hit with $9.15M penalty over bad advice
Financial Services 2019-12-19 3:41 pm By Cat Fredenburgh

A Federal Court judge has ordered Westpac to pay a $9.15 million penalty after one of its financial advisers breached the best interests duty by giving customers bad advice that resulted in millions in losses.

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ACCC flags competition concerns in Bauer’s $40M takeover of Pacific Magazines
Competition & Consumer Protection 2019-12-19 2:08 pm By Cat Fredenburgh

The Australian Competition and Consumer Commission has raised preliminary competition concerns about Bauer Media’s planned $40 million acquisition of Pacific Magazines, a deal that would combine Australia’s two largest magazine publishers, saying competition needs to be preserved even in declining markets.

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Westpac hit with first class action over AUSTRAC scandal
Financial Services 2019-12-18 1:12 pm By Cat Fredenburgh

Westpac is facing a class action on behalf shareholders in three countries over its alleged anti-money laundering and counter-terrorism financing breaches and disclosures.

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NAB faces ASIC wrath with second fees for no service case
Financial Services 2019-12-17 11:49 pm By Cat Fredenburgh

The Australian Securities and Investments Commission has taken legal action against National Australia Bank alleging thousands of violations of the law through its fees for no service conduct, exposing the bank to the risk of significant penalties.

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ASIC takes life insurer TAL to court over handling of cancer victim’s claim
Insurance 2019-12-17 10:22 pm By Cat Fredenburgh

The Australian Securities and Investments Commission has taken legal action on another referral from the banking royal commission, dragging life insurer TAL to court for allegedly engaging in misleading and deceptive conduct in its handling of a claim for coverage.

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APRA begins probe of Westpac over ‘substantial gaps in risk governance’
Financial Services 2019-12-17 3:31 pm By Cat Fredenburgh

The Australian Prudential Regulation Authority has flagged potentially “substantial gaps in risk governance” by Westpac as it formally kicked off an investigation into the bank and its executives for potential breaches of the Banking Act.

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Disqualified exec loses case that forwarded ASIC email doesn’t count as service
ASIC 2019-12-16 11:52 pm By Christine Caulfield

An email from the corporate regulator forwarded to a Perth businessman by his lawyer constituted proper notification that the executive had been disqualified, an appeals court has ruled in tossing a challenge to the method of service.

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Google slams ACCC’s ‘artificial and incorrect’ case over location data disclosures
Competition & Consumer Protection 2019-12-16 8:47 pm By Christine Caulfield

Google has come out in defence of its privacy disclosures to Android mobile users in the face of landmark legal action by the ACCC, saying the consumer regulator’s allegations of misleading conduct rely on an “artificial and incorrect” account of the way it informs users of the collection and use of personal location data.

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Magistrate in ANZ cartel case shuts down ‘back door’ bid to expand JPMorgan witness grilling
Competition & Consumer Protection 2019-12-13 4:46 pm By Miklos Bolza

A magistrate has dismissed a bid to expand the cross examination of a JPMorgan witness in the closely watched criminal cartel case over a $2.5 billion ANZ share placement, calling it a “back door” attempt to bypass a prior court ruling.

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