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$27M penalty for ‘extensive and systematic’ failures by CBA units
Ben Hancock 2022-10-25 11:03 pm By Sam Matthews

Commonwealth Bank units CommSec and Australian Investments Exchange have been ordered to pay more than $27 million for “serious and unacceptable” system failures that led to excessive fee charges for customers.

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CBA defeats ‘misconceived’ ASIC conflicted remuneration case
Anna Wilson 2022-09-29 11:11 am By Sam Matthews

The Australian Securities and Investments Commission has suffered a defeat in proceedings alleging the Commonwealth Bank of Australia accepted conflicted remuneration through the sale of its Essential Super product, with a judge finding the regulator “ignored the circumstances” in which the product was distributed.

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Virgin class action to appeal ‘nonsensical’ indemnity ruling
Aviation 2022-09-28 11:40 pm By Sam Matthews

The applicant in an investor class action against Virgin Australia plans to appeal a judge’s decision requiring litigation funder Balance Legal Capital UK to give the airline an indemnity in order to bring the proceedings, saying the indemnity “substantially changes the risk calculus” for group members.

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Class action funder must indemnify Virgin despite ‘nonsensical’ agreement
Aviation 2022-09-02 10:14 pm By Cindy Cameronne

A judge has ruled that a litigation funder for an investor class action against Virgin must give the airline an indemnity to bring proceedings despite finding a deed of company arrangement requiring the pay-out “didn’t make sense”.

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Virgin says funder’s $5M security in investor class action ‘unsatisfactory’
Aviation 2022-08-08 2:10 pm By Cindy Cameronne

Virgin Airlines has argued a litigation funder’s indemnity for its legal costs is not enough for it to bring a class action on behalf of bond holders over a 2019 prospectus, claiming the airline expects to spend more than $5 million defending the proceedings.

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CommSec agrees to $20M penalty for ‘serious and unacceptable’ system failures
ASIC 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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CBA seeks leniency as judge grapples with first criminal case of its kind
ASIC 2021-10-29 5:31 pm By Miklos Bolza

A fine imposed against the Commonwealth Bank for false and misleading representations to customers should reflect offences that were “well below the midpoint” of seriousness, counsel for the bank has told a judge overseeing the first criminal case of its kind.  

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Colonial First State ordered to pay $20M for misleading 13,000 MySuper members
Alexandra Folie 2021-10-19 2:18 pm By Miklos Bolza

The Federal Court has slugged wealth management firm Colonial First State Investments with a $20 million penalty for misleading almost 13,000 superannuation members about their MySuper entitlements through a “concerted campaign” that lasted two years.

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Use of CBA app for notice of $7M penalty in ASIC case not appropriate, judge says
Article 2021-08-16 2:50 pm By Christine Caulfield

A judge has refused to order Commonwealth Bank of Australia to publish notice of a $7 million penalty in a case brought by ASIC on its mobile app, but the bank will have to alert customers to its misconduct on its website and online newsroom.

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Feud over app notice in $7M CBA case could shift balance towards higher penalties
ASIC 2021-07-29 4:08 pm By Miklos Bolza

A judge weighing a dispute between ASIC and the Commonwealth Bank over whether notice of a $7 million penalty should be sent out through the bank’s Commbank app has questioned the usefulness of adverse publicity notices and whether they should be ditched for higher pecuniary penalties in the future.

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