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‘That’s not what investors signed up for’: Linchpin used funds for unauthorised loans, court told
ASIC 2022-03-08 9:40 pm By Sam Matthews Melbourne

Clients of Linchpin Capital Group and subsidiary Endeavour Securities who were promised investments in a diversified loan portfolio were instead duped into funding Linchpin’s own business interests and lining its directors’ pockets, a judge has heard as trial got underway in ASIC’s case against three former Linchpin directors.

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Rio Tinto must pay $750,000 for disclosure breaches over $5.8B acquisition
ASIC 2022-03-07 10:56 am By Christine Caulfield Melbourne

Mining giant Rio Tinto has been ordered to pay a $750,000 penalty in ASIC’s case over a disclosure breach linked to its $5.8 billion purchase of a Mozambique coal mining company.

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ASIC to target company directors over cyber risk, climate change disclosures 
ASIC 2022-03-03 9:32 pm By Sam Matthews Melbourne

Directors have been warned by the corporate regulator to take an active role in the management of cyber risks or face enforcement action.

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CommSec agrees to $20M penalty for ‘serious and unacceptable’ system failures
ASIC 2022-03-03 9:02 pm By Bianca Hrovat Sydney

Commonwealth Bank unit CommSec has agreed to pay a $20 million penalty for a series of “serious and unacceptable” failures that lead to excessive fee charges, a court has heard.

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Probuild administrators look to forestall ‘nightmarish’ construction delays
ASIC 2022-03-02 2:34 pm By Bianca Hrovat Sydney

Administrators for building giant ProBuild have won more time to examine its assets as they try to avoid the “nightmarish prospect” of costly delays to the company’s projects.

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ASIC drops most claims against Rio Tinto over $5.8B acquisition
Allen & Overy 2022-02-28 1:31 pm By Miklos Bolza Sydney

The Australian Securities and Investments Commission has dropped all but one claim against Rio Tinto in a four-year-long case over disclosures related to its troubled $5.8 billion acquisition of a Mozambique coal mining business and abandoned all claims against the mining giant’s former CEO and CFO.

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‘Wolf trader’ can wait until ASIC shows its cards, judge says
ASIC 2022-02-25 3:32 pm By Bianca Hrovat Sydney

The self-declared “wolf trader” of the Gold Coast, Tyson Scholz, will not have to provide a concise statement in response to the Australian Securities and Investments Commission’s case accusing him of providing unlicensed financial services, a judge has ruled.

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Mayfair’s ex-lawyers may fight claim that ‘flagrant incompetence’ led to court loss
Allens 2022-02-24 7:36 pm By Bianca Hrovat Sydney

Former legal representatives of companies in the Mayfair 101 group are considering an application to strike out part of an appeal that alleges their “flagrant incompetence” led to director James Mawhinney copping a 20-year ban on soliciting investor funds.

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GetSwift appeals judgment scathing of ‘PR-driven’ approach to disclosures
Alan Shearer 2022-02-22 10:28 pm By Christine Caulfield Melbourne

Logistics company GetSwift and its directors are appealing a win for ASIC in the regulator’s case that alleged they breached their continuous disclosure obligations and engaged in misleading and deceptive conduct in the release of 22 ASX announcements.

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Judge finds ‘no immediate threat’ of harm in ASIC’s contempt case against Mayfair’s Mawhinney
Angel Aleksov 2022-02-18 4:19 pm By Bianca Hrovat Sydney

The Australian Securities and Investments Commission has lost an interim injunction bid against the director of investment firm Mayfair 101 in its case seeking a contempt finding, despite arguing there was a substantial risk of harm to consumers.

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