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‘We have a right to a fair trial’: ANZ criminal cartel defendant slams CDPP’s lack of detail
Competition & Consumer Protection 2019-09-25 3:38 pm By Amelia Birnie

Lawyers for former Citigroup executive Stephen Roberts have complained that prosecutors have failed to provide a “shred of material” to explain his alleged involvement in a criminal cartel relating to ANZ’s $2.5 billion capital raising, as the defendants fight to grill Crown witnesses before trial.

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Provisional liquidators appointed to Merlin Diamonds to investigate concerns of ‘serious mismanagement’
Restructuring & Insolvency 2019-09-23 8:55 pm By Amelia Birnie

A judge has appointed provisional liquidators to ‘Diamond Joe’ Gutnick’s mining company Merlin Diamonds, after finding evidence of “serious mismanagement” and citing an urgent need to investigate the company’s books.

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ASIC wins highest ever penalty against individual in $40M investment scam case
ASIC 2019-09-19 9:59 pm By Christine Caulfield

A judge has permanently banned the director of financial services firm Gallop International from the industry and proposed a record $3 million fine after the corporate watchdog brought enforcement action alleging $40 million of investors’ money disappeared from Gallop’s bank account.

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Court not convinced ‘superhuman’ judge needed for back-to-back GetSwift hearings
Securities 2019-09-16 5:01 pm By Miklos Bolza

A Federal Court judge has dismissed an application by GetSwift to delay the hearing of a shareholder class action against it, despite arguments that a judge would need to be “superhuman” to hear the trial immediately after a civil penalty hearing brought by ASIC against the logistics company.

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Twin Quintis class actions squabble about ‘overly complicated’ case
Class Actions 2019-09-11 10:00 pm By Amelia Birnie

The plaintiffs in one of two shareholder class actions brought against troubled sandalwood producer Quintis have complained about potential delays that could result from the “overly complicated loss theory” being advanced in a parallel class action.

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ASIC retains external law firms to expedite banking royal commission cases
Financial Services 2019-09-11 9:02 pm By Miklos Bolza

With over 300 concurrent investigations on foot, the Australian Securities and Investments Commission has leaned heavily into its ‘why not litigate’ approach and is bringing outside help on board, including from law firms.

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ASIC to challenge ‘uncertainty’ of Westpac responsible lending decision
Appeals 2019-09-10 9:07 pm By Amelia Birnie

The Australian Securities and Investments Commission has filed an appeal against the Federal Court’s responsible lending ruling in favour of Westpac, arguing the decision had created uncertainty around the obligations of credit providers.

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Corporate cop looks to bolster Rio Tinto case with US evidence from PwC witness
Energy & Natural Resources 2019-09-10 4:38 pm By Miklos Bolza

The Australian Securities and Investments Commission is seeking evidence from US proceedings in its case against Rio Tinto alleging the mining giant misled shareholders about a Mozambique mining company purchased for US$4.2 billion.

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Ex-Tennis Australia directors lose bid for ASIC chats with witnesses
White Collar 2019-09-09 3:56 pm By Miklos Bolza

Two former directors of Tennis Australia can’t access chats between ASIC and other executives from the tennis body, with a judge finding the documents recording the communications with the potential witnesses were created in anticipation of litigation and were therefore privileged.

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ASIC takes BOQ, Bendigo Bank to court over small business contracts
ASIC 2019-09-04 10:31 am By Cat Fredenburgh

The Australian Securities and Investments Commission has filed Federal Court proceedings against Bank of Queensland and Bendigo and Adelaide Bank over alleged unfair terms in their small business contracts.

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