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Judge questions Gadens’ cost disclosures in fee spat with client
Business of Law 2019-01-08 9:28 pm By Christine Caulfield Sydney

A judge has allowed an assessment of Gadens’ legal costs in a dispute with a client over $665,000 in fees, saying while the application had been filed out of time, the law firm seemed to have done “little by way of compliance” with its costs disclosure obligations. 

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In ASIC suit, Dover Financial says ‘client protection policy’ caused no harm
Article 2019-01-08 8:55 pm By Cat Fredenburgh Melbourne

Defunct financial adviser Dover Financial is seeking evidence to bolster its argument that no clients were harmed by a liability waiver that’s at the centre of a lawsuit by the Australian Securities and Investments Commission.

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Octaviar investors, class action funder dodge indemnity costs
Adam Hochroth 2019-01-08 1:17 pm By Miklos Bolza Sydney

The investor behind a failed class action against the Public Trustee of Queensland over the collapse of Octaviar Group has escaped a bid by the Trustee for maximum costs, with a judge ruling the case was not a “nakedly speculative venture” by the funder.

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Pitcher Partners fined $5.6M for concealing botched accounting
Alastair Vincent 2019-01-07 8:37 pm By Miklos Bolza Sydney

Accounting firm Pitcher Partners has been ordered to pay more than $5.6 million in damages for fraudulently concealing an amortisation error that caused a well-known bus operator to face higher than expected costs in a NSW transport tender.

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Judge greenlights MWL derivative suit against Focus Financial
Contracts 2019-01-07 11:42 am By Miklos Bolza Sydney

Majority shareholders in MWL Financial have won court approval to bring a derivative suit against US-based Focus Financial Partners over an acquisition gone sour.

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ASIC mulls appeal of Westpac ‘personal advice’ ruling
Allens 2019-01-04 10:31 pm By Cat Fredenburgh

The Australian Securities and Investments Commission has not ruled out a challenge to a ruling that two Westpac subsidiaries didn’t provide personal financial advice as part of a campaign encouraging customers to roll over external superannuation accounts.

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Debt collector fined $750k for harassing stroke victim, single mum
Competition & Consumer Protection 2018-12-21 9:58 pm By Miklos Bolza Sydney

Debt collector ACM Group has been hit with a $750,000 fine for engaging in unconscionable conduct by misleading, harassing and coercing two vulnerable customers while chasing unpaid debts.

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IOOF says APRA should be able to state its case after 3-year probe
Arnold Bloch Leibler 2018-12-20 3:38 pm By Miklos Bolza Sydney

A barrister for two units of embattled wealth manager IOOF and three senior company executives facing claims by APRA have criticised the regulator for filing a broad concise statement and no statement of claim after a three-year investigation.

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Lead applicant socked with costs of Banksia class member’s appeal
Appeals 2018-12-19 9:53 pm By Christine Caulfield Melbourne

The lead applicant in a class action over the failure of Banksia Securities is on the hook for paying the legal costs of a class member who successfully challenged the funder’s cut of a $64 million settlement in the case.

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MFS execs lose appeal over $147.5M in misused funds
Corrs Chambers Westgarth 2018-12-18 5:56 pm By Miklos Bolza Sydney

Three former executives of failed Gold Coast finance company MFS Group have lost their challenge to a ruling that they misappropriated $147.5 million in funds prior to the company’s collapse.

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