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AFCA lacked impartiality in decision against IronFX, court rules
David Sulan 2022-03-17 10:16 pm By Cindy Cameronne Sydney

Online trading platform IronFX has won its action against the Australian Financial Complaints Authority over a finding it wrongfully caused an 83 year-old French resident to lose his life savings.

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‘Dangerous nature of loan’ enough to find lenders acted unconscionably, High Court says
Ajzensztat Jeruzalski & Co 2022-03-17 10:01 pm By Miklos Bolza Sydney

The High Court has found that three asset-based lenders behaved unconscionably when they enforced thir rights under a $1.2 million loan made to a vulnerable consumer secured by a mortgage over his properties.

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Mayfair’s James Mawhinney wants reprieve from ASIC’s contempt case
Angel Aleksov 2022-03-17 4:14 pm By Cindy Cameronne Sydney

Mayfair 101 director James Mawhinney has sought a temporary stay of ASIC’s case accusing him of being in contempt of court for allegedly breaching a 20-year ban on selling financial products.

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‘This is nuts’: Judge torpedoes notice in Tyro class action while fight over group definition plays out
Bannister Law 2022-03-17 3:32 pm By Sam Matthews Melbourne

Calling it the “elephant in the room”, a judge overseeing a class action against Tyro over a major EFTPOS outage last year has said a dispute over who is eligible to join the case needs to be hashed out before retailers are notified of the proceedings.

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Judge shoots down damages questions for initial trial in NAB super class action
Celia Winnett 2022-03-16 2:18 pm By Miklos Bolza Sydney

A judge hearing a superannuation class action against NAB unit NULIS Nominees will not determine the correct approach for calculating damages at an initial trial scheduled for later this year.

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ASIC’s penalty against Squirrel Super ‘might be a bit light on’, court says
ASIC 2022-03-15 3:15 pm By Sam Matthews Melbourne

A judge has questioned the $55,000 penalty jointly proposed by the parties in ASIC’s case against fintech company Squirrel Super over misleading statements about returns on property statements, saying it “might be a bit light on.”

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Cryptocurrency class action faces knockout bid
Class Actions 2022-03-14 11:38 am By Sam Matthews Melbourne

The issuer of Gold Coast-based cryptocurrency Qoin has asked a court to throw out a class action alleging breaches of the ASIC Act and Australian Consumer Law in relation to the issue of the utility coin. 

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Westpac stalls on extradition of Forum Finance’s Bill Papas
Allens 2022-03-10 5:17 pm By Miklos Bolza Sydney

Westpac has yet to commence extradition proceedings against Forum Finance director Bill Papas due to concerns that the alleged fraudster may face only contempt charges if he is brought back to Australia prematurely.

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AMP to face penalty in ASIC’s fees-for-no-service case
AMP 2022-03-10 3:59 pm By Sam Matthews Melbourne

AMP has admitted to contraventions and will face a penalty in ASIC proceedings over fees-for-no-service conduct that allegedly led to upwards of $600,000 being unlawfully withdrawn from superannuation member accounts.

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Court won’t let class action parties pay for judge to travel for Sydney trial
Adam Hochroth 2022-03-10 3:41 pm By Christine Caulfield Melbourne

The Federal Court won’t permit a Melbourne-based judge to travel to Sydney on the dime of the parties in a class action against wealth management group Colonial First State, but will foot the bill itself.

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