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ASIC wins case against insurer Youi over 2-year delay on hail damage claim
Albert Ounapuu 2020-11-27 10:18 pm By Cat Fredenburgh Melbourne

A court has found that insurer Youi breached its duty of utmost good faith by taking two years to settle a home owner’s hail storm claim.

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Judge postpones signing off on GetSwift move to Canada until FIRB approval
ASIC 2020-11-27 7:49 pm By Cat Fredenburgh Melbourne

A judge has indicated she will approve GetSwift’s plans to relocate to Canada, despite concerns raised by ASIC, but will wait until the company has received approval from the Foreign Investment Review Board.

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Rio Tinto execs’ trial vacated given likelihood of COVID-19 vaccine
Allen & Overy 2020-11-27 6:58 pm By Spencer Fowler Steen Melbourne

A judge has vacated a seven-week trial in proceedings brought by ASIC against two former Rio Tinto executives to March or April 2022, after they requested a “lengthy delay” to ensure a COVID-19 vaccine would be available before they travel to Australia for trial.

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Court hears case of missing Sydney businesswoman Melissa Caddick now murder investigation
ASIC 2020-11-27 2:38 pm By Spencer Fowler Steen Melbourne

The brother of missing Sydney woman Melissa Caddick is helping police with an investigation into her murder, a court overseeing ASIC’s action against the businesswoman was told Friday.

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GetSwift not ‘fleeing the jurisdiction’ with Canada relocation bid, court told
ASIC 2020-11-26 6:58 pm By Miklos Bolza Sydney

Logistics software company GetSwift has tried to assure the Federal Court that an attempt to relocate to Canada is not for the purpose of avoiding pecuniary penalties and damages in civil proceedings brought by ASIC and a $50 million shareholder class action.

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ACCC says Kogan should pay $2M for misleading promotion
Anna Lord 2020-11-24 9:54 pm By Spencer Fowler Steen Melbourne

The Australian Competition and Consumer Commission is seeking $2 million in penalties against Kogan, after a judge found statements the online retailer made during a 2018 promotion were misleading and drew consumers into the company’s “marketing web”.

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Government may block GetSwift’s relocation to Canada while litigation on foot
ASIC 2020-11-24 5:50 pm By Cat Fredenburgh Melbourne

Treasurer Josh Frydenberg has indicated the government may oppose GetSwift’s bid to relocate to Canada while it’s facing a $50 million shareholder class action and ASIC enforcement proceedings, a move which a judge recently described as “not a good look”.

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Rio Tinto execs’ trial can wait until COVID-19 vaccine, court hears
Allen & Overy 2020-11-23 10:32 pm By Spencer Fowler Steen Melbourne

A former Rio Tinto executive living in the US who wants to appear in person at an upcoming trial in a case brought by ASIC says the hearing should be moved to next year when a COVID-19 vaccine will likely become available and he could travel to Australia to “mount a vital defence”.

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Theta hit with $2M penalty for defective product disclosure statements
ASIC 2020-11-19 9:41 pm By Cat Fredenburgh Melbourne

A court has ordered Theta Asset Management, a collapsed financial services provider that ran a property investment scheme targeting retirees, to pay a $2 million penalty for issuing defective product disclosure statements.

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ASIC acting chair says Daniel Crennan rental payment disclosures were ‘opaque’
ASIC 2020-11-18 4:46 pm By Christine Caulfield Melbourne

ASIC acting chair Karen Chester has labelled ‘opaque’ the disclosures made to commissioners a year before controversial rental assistance payments to the regulator’s outgoing deputy chair Daniel Crennan QC were made public, and said the payments would have raised a red flag.

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