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ASIC cautions lenders against reverse mortgage ‘box-ticking’
Article 2018-08-28 10:57 pm By Christine Caulfield

The Commonwealth Bank of Australia and other lenders have been warned by the corporate watchdog against a “tick-boxes” approach to reviewing reverse mortgage applications by elderly home owners.

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Judge won’t recuse himself from Bendigo Bank cases over Great Southern loans
Class Actions 2018-08-28 2:48 pm By Cat Fredenburgh

A judge refused Tuesday to step down from two cases brought by Bendigo and Adelaide Bank seeking to claw back loans from group members in a settled class action over Great Southern Group’s managed investment schemes, saying no apprehension of bias could arise.

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Client’s identity shielded by privilege, court rules
Defamation 2018-08-24 11:57 pm By Christine Caulfield

Correspondence to a law firm revealing a client’s identity was covered by legal professional privilege because the firm’s advice was contingent on the client providing his name, a court has ruled.

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Commonwealth Bank pans class action pleadings as ‘vague penumbra’
Class Actions 2018-08-24 4:32 pm By Miklos Bolza

The Commonwealth Bank of Australia is seeking to strike out portions of a shareholder class action over allegedly lax anti-money laundering and anti-terrorism financing controls it calls a “vague penumbra” that leaves the bank in the dark about the case against it.

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Funder was ‘moving force’ behind ‘doomed’ Octaviar class action, court told
Chris Tam 2018-08-22 10:16 pm By Miklos Bolza

The Public Trustee of Queensland asked a court Wednesday for indemnity costs from a global litigation funder its says was the “real moving force” behind a dismissed investor class action it called a “nakedly speculative venture”.

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‘Loose with the truth’ broker to get High Court’s ear
Financial Services 2018-08-20 3:06 pm By Cat Fredenburgh

The High Court has granted special leave to appeal a lifelong ASIC ban to a broker a judge once described as “loose with the truth” and as carrying a “massive bag of dishonest conduct” with him.

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ASIC vows to pursue fees-for-no-service cases in court
Competition & Consumer Protection 2018-08-17 11:05 pm By Cat Fredenburgh

The corporate watchdog is planning to launch legal action soon over the banking industry’s fees for no service, and expects to secure $1 billion in compensation for customers, the Royal Commission heard Friday.

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Westpac adviser at centre of ASIC suit got ‘high achievement’ ratings, bank admits
Financial Services 2018-08-15 9:32 pm By Cat Fredenburgh

Westpac admits that it violated the Corporations Act by awarding high performance marks to a financial adviser whose work was flagged for compliance concerns during several internal reviews.

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Class action can claim Westpac unit knew about $1.9M Ponzi scheme
Allens 2018-08-14 9:23 pm By Cat Fredenburgh

A judge has denied a Westpac unit’s bid to strike allegations that it knew about a $1.9 million Ponzi scheme from a class action alleging the bank aided the Ponzi schemer’s illegal conduct.

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AMP slams ‘red herring’ in class action transfer fight
Cameron Moore 2018-08-14 8:58 pm By Miklos Bolza

Embattled financial giant AMP on Tuesday criticised concerns raised by lawyers for the federal class actions about group members’ opt out rights, saying the concerns were a “red herring” in the fight against an order transferring their cases to the NSW Supreme Court.

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