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Appeals court overturns three counts against jailed fraudster who scammed Magpies fans
ASIC 2021-02-11 9:32 pm By Spencer Fowler Steen Melbourne

Jailed con artist Douglas Johnston, who was convicted of defrauding investors of $815,000 in 2019, has successfully appealed three of nine dishonesty charges, with a judge finding that depositional evidence from two witnesses should have been discounted.

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Ex-Freedom Foods GC strikes back at serious misconduct claims
Andrew Gotting 2021-02-10 6:37 pm By Spencer Fowler Steen Melbourne

A former Freedom Foods group general counsel is seeking aggravated damages from the food and beverage manufacturer for claiming in court filings that she was fired for serious misconduct.

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Former Linchpin boss gets legal aid while waiting on insurers in ‘chaotic’ London
ASIC 2021-02-10 4:43 pm By Christine Caulfield Melbourne

London is in a “complete state of chaos” and no amount of pressing by law firm Moray & Agnew has produced an answer from underwriters about the extent of his insurance coverage, former Linchpin Capital Group CEO Peter Daly has said in a three-paragraph defence to disqualification proceedings by the corporate regulator.

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Westpac fires back in class action, says car loan borrowers could have shopped around
ASIC 2021-02-09 4:26 pm By Spencer Fowler Steen Melbourne

Westpac has hit back at a class action accusing it of colluding with car dealers on a “shonky” car loan scheme that allowed them to hike up interest rates to earn higher commissions, saying consumers could have shopped around for a better deal.

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‘Completely futile’: ASIC resists mediation push from judge concerned about cost of IOOF trial
ASIC 2021-02-08 12:25 pm By Spencer Fowler Steen Melbourne

A judge has ordered ASIC to enter mediation before heading into a “very expensive” trial with an IOOF subsidiary accused of giving shonky advice, over objections from the regulator that mediation would be “completely futile”.

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Judge OKs $9.5M McMillan Shakespeare settlement despite funder, lawyers taking bulk
ASIC 2021-02-05 5:29 pm By Spencer Fowler Steen Melbourne

A judge has approved a $9.5 million settlement in a class action against McMillan Shakespeare as fair and reasonable, allowing a common fund order and a nearly 30 percent commission for the litigation funder despite previously raising “real concerns” about the small portion flowing to group members.

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High Court rejects Westpac’s ‘gloss’ on financial product advice statute
Allens 2021-02-03 10:51 am By Christine Caulfield Melbourne

The High Court has dismissed an appeal by Westpac challenging a ruling that found the bank breached its duties to customers by providing personal financial advice as part of a telephone campaign encouraging customers to roll over external superannuation accounts.

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Funder likens itself to pinata in hearing over $9.5M class action settlement
ASIC 2021-02-01 7:15 pm By Spencer Fowler Steen Melbourne

The funder behind a class action against McMillan Shakespeare has warned against the court beating it up like a ‘pinata’ in a settlement approval hearing in which the judge expressed “real concerns” about the portion of a $9.5 million settlement earmarked for group members.

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ASIC secures court order to wind up Mayfair 101 unit
ASIC 2021-01-29 10:07 pm By Christine Caulfield Melbourne

A judge has ordered the winding up of M101 Nominees, the issuer of $67 million in notes promoted by James Mawhinney’s failed Mayfair 101, which is alleged to owe investors over $211 million.

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High Court set to deliver judgment in Westpac’s appeal of personal advice ruling
Allens 2021-01-29 3:49 pm By Miklos Bolza Sydney

The High Court will hand down its ruling Wednesday in a high-stakes case between ASIC and Westpac that is expected to clarify the line between personal and general financial advice.

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