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Car dealer software supplier Pentana accused of misusing market power
Automotive 2022-11-14 11:50 pm By Christine Caulfield

Titan DMS, which provides software to car dealers across Australia, has expanded cross claims in a legal dispute with leading competitor Pentana Solutions, alleging the rival engaged in misuse of market power by threatening dealers who want to switch providers.

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Court slaps Smile Direct Club with $3.5M penalty for misleading insurance claims
ACCC 2022-11-11 6:12 am By Cat Fredenburgh

A judge has ordered Smile Direct Club and its Australian unit to pay a $3.5 million penalty and reimburse customers for misleading them into believing they would be reimbursed by their insurers for the dental care company’s costly teeth straighteners.

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iSignthis drops $464M lawsuit against ASX
ASIC 2022-11-03 11:56 pm By Cat Fredenburgh

Fintech iSignthis has dropped a $464 million lawsuit brought against the Australian Stock Exchange three years ago over allegedly misleading conduct in relation to the suspension of the company’s shares.

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Silk asked to appear in video opt-out notice to confused members in Aveo class action
Arnold Bloch Leibler 2022-10-27 5:34 pm By Sam Matthews

A judge has declined to approve an amended opt-out notice featuring a video from a silk further explaining a “confusing” opt-out notice sent to group members in a class action against retirement home provider Aveo Group that has led to 400 opt-outs.

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James Mawhinney sues ASIC over ‘defamatory’ media release
Appeals 2022-10-17 3:55 pm By Cat Fredenburgh

Mayfair 101 founder James Mawhinney has sued the Australian Securities and Investments Commission and its deputy chair Sarah Court, alleging the corporate regulator defamed him in a media release issued last month.

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Retail Food Group files bid to quash franchisee class action
ACCC 2022-10-14 10:56 pm By Cat Fredenburgh

Retail Food Group has filed an application to shut down a class action by former franchisees of its Michel’s Patisserie chain who claim to have suffered losses stemming from changes to the franchise giant’s supply chain in 2015 and 2016.

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Mayfair’s James Mawhinney wants High Court to shut down ASIC case
Appeals 2022-10-12 9:43 pm By Sam Matthews

The founder of beleaguered investment group Mayfair 101, James Mawhinney, has asked the High Court to overturn his own successful Full Court appeal of a decision that saw him banned from soliciting funds or promoting any financial product for 20 years.

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Mayfair 101 loses appeal of $30M penalty in ASIC’s misleading conduct case
ASIC 2022-10-10 12:08 pm By Christine Caulfield

In a win for the corporate regulator, an appeals court has rejected investment group Mayfair 101’s appeal of a $30M penalty following a judge’s finding that it misled investors about the level of risk of its financial products.

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CBA defeats ‘misconceived’ ASIC conflicted remuneration case
Anna Wilson 2022-09-29 11:11 am By Sam Matthews

The Australian Securities and Investments Commission has suffered a defeat in proceedings alleging the Commonwealth Bank of Australia accepted conflicted remuneration through the sale of its Essential Super product, with a judge finding the regulator “ignored the circumstances” in which the product was distributed.

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Ex-Blue Star Helium CEO appeals banning order to High Court
Alexander Mossop 2022-09-26 3:03 pm By Cat Fredenburgh

The former CEO of Blue Star Helium has asked the High Court to throw out a $40,000 penalty and four-year ban imposed on him after the company failed to disclose to shareholders the identity of the buyer behind a botched sale of Texas oil assets.

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