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Payday lender Cigno loses challenge to ASIC ban on short-term credit lending
ASIC 2020-04-15 3:20 pm By Christine Caulfield

Payday lender Cigno has lost a challenge to the corporate regulator’s first action under powers to prohibit ‘predatory’ financial products that targeted its model of short-term credit lending.

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Former AMP general counsel says document claim ‘tantamount to extortion’
AMP 2020-04-08 1:48 pm By Miklos Bolza Sydney

A former general counsel who claims she was sacked from AMP after raising concerns about the company’s fees for no services conduct has mostly succeeded in her bid for further particulars of allegations made in the company’s defence, including a claim that she called “tantamount to extortion”.

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

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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Citing coronavirus, judge orders limited discovery in ANZ, Westpac ‘junk’ insurance class actions
ANZ 2020-04-03 11:18 pm By Christine Caulfield Melbourne

Noting the challenge of searching for documentary evidence while employees are working from home, a judge overseeing two consumer class actions against ANZ and Westpac has directed the banks to hand over only a limited number of documents to the applicants, and given them extra time to do it.

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

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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Sparke Helmore says it should have to pay no more than $7.6M of IOOF judgment
Acting Justice Arthur Emmett 2020-04-03 9:24 pm By Alison Eveleigh Sydney

Sparke Helmore has admitted that legal advice it provided to IOOF subsidiary Australian Executor Trustees was inadequate but has argued it should be responsible only for up to 10 per cent of the $76.6 million judgment against AET over the sale of a timber plantation by collapsed forestry giant Gunns Group.

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Judge OKs notice in Westpac class action foreshadowing ‘expense sharing order’
Alec Leopold 2020-04-02 10:51 pm By Christine Caulfield Melbourne

A judge has approved a notice in a class action against Westpac alerting group members that an “expense sharing order” will be sought by the applicants if or when the case settles, the first ruling of its kind since the High Court struck down common fund orders.

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Sparke Helmore equally responsible for $76M judgment against IOOF unit, court hears
Acting Justice Arthur Emmett 2020-04-02 10:37 pm By Alison Eveleigh Sydney

Sparke Helmore is equally responsible for a $76.6 million judgment against IOOF subsidiary Australian Executor Trustees over the sale of a timber plantation by collapsed forestry giant Gunns Group, an appeals court heard Thursday.

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AUSTRAC, Westpac still locked in settlement negotiations, court hears
Allens 2020-03-30 9:51 pm By Alison Eveleigh Sydney

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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Group members to get policy cancellation info in NAB insurance class action settlement
Chris Caleo 2020-03-30 9:02 pm By Alison Eveleigh Sydney

A judge overseeing a class action against National Australia Bank over ‘junk insurance’ has ordered that potential group members be given information about cancelling the policies, but not before taking the applicants to task for not having the polices automatically cancelled as part of the $49.5 million settlement.

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