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MySuper class action back on track with appeals court victory
Allens 2021-12-21 4:22 pm By Miklos Bolza Sydney

The lead applicant in a superannuation class action against two IOOF units has successfully appealed a decision that barred the case from proceeding under a carveout in Victoria’s Supreme Court Act forbidding class actions involving trust property.

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No obligation to disclose climate change risks, gov’t says in sovereign bonds class action
Australian Government Solicitor 2021-12-21 4:17 pm By Miklos Bolza Sydney

The Morrison government has denied that it has any obligation to disclose climate change risks to investors of its sovereign bonds as it defends a world first class action alleging global warming is a material risk to the bond market.

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Judge criticises ASIC for treating orders in Westpac case like ‘traffic lights in Naples’
Allens 2021-12-20 1:48 pm By Bianca Hrovat Sydney

A judge has criticised the Australian Securities and Investments Commission for treating timetabling orders in its insider trading case against Westpac over a $16 billion interest rate swap as though they were “traffic lights in Naples”.

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Forum liquidators sue to wind up entity that got $2.6M in Bill Papas ‘loans’
Allens 2021-12-20 11:24 am By Miklos Bolza Sydney

Forum Group’s liquidators are seeking to wind up an entity owned by founder Bill Papas that received over $2.6 in “loans” from the alleged fraudster, as they work to recoup almost $400 million allegedly defrauded from three banks.

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Class action claims EML Payments misled shareholders over money laundering concerns
Class Actions 2021-12-16 6:41 pm By Christine Caulfield Melbourne

Payments processing company EML has been hit with a class action over its alleged failure to notify shareholders of concerns by Ireland’s central bank relating to compliance with anti-money laundering regulations.

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NAB, HSBC should pay for Dick Smith receivers’ court loss, judge hears
Accounting 2021-12-15 6:15 pm By Miklos Bolza Sydney

National Australia Bank and HSBC should be “jointly and severally liable” to pay a portion of the costs of a failed case brought by Dick Smith’s receivers against the company’s former directors because the banks stood to gain financially if the lawsuit was successful, the NSW Supreme Court has heard.

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ASIC accuses former ANZ unit of overcharging super members $4M
ANZ 2021-12-15 12:26 pm By Bianca Hrovat Sydney

Former ANZ super fund subsidiary OnePath overcharged more than $4 million in superannuation fees, according to regulatory action launched by the Australian Securities and Investments Commission on Tuesday.

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Merrill Lynch botched $56M sale of Zip Co shares, lawsuit claims
Ashurst 2021-12-14 10:47 pm By Cindy Cameronne Sydney

Two major Zip Co investors have sued Merrill Lynch for allegedly breaching its duties as financial advisor by recommending they sell their shares in the Aussie fintech after September 1 last year, at which point Paypal’s announcement that it would enter the buy now, pay later market had sent Zip’s share price plummeting.

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Mayfair’s James Mawhinney can’t escape further grilling by liquidators
Associate Justice Patricia Matthews 2021-12-14 6:31 pm By Cindy Cameronne Sydney

The liquidators of Mayfair’s failed IPO Wealth Holdings have won their bid to question the fund’s former director, James Mawhinney, for the eighth time over assets that could provide “significant potential recoveries” for shareholders.

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ASIC takes ‘wolf’ trader Tyson Scholz to court
ASIC 2021-12-13 4:53 pm By Bianca Hrovat Sydney

The Australian Securities and Investments Commission has launched court proceedings against the self-proclaimed ‘wolf’ of the ASX, social media celebrity Tyson Scholz for allegedly providing financial services without a licence.

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