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GetSwift directors’ decision not to take stand in ASIC case can’t be held against company, court told
Alan Shearer 2020-08-14 11:41 pm By Christine Caulfield Melbourne

The judge overseeing ASIC’s case against logistics provider GetSwift cannot draw any inferences against the company because directors Bane Hunter and Joel Macdonald did not give evidence at trial, GetSwift’s barrister has said during closing submissions in the case.

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Mayfair 101’s Mawhinney may face criminal charges as court appoints liquidators to investment group
ASIC 2020-08-14 1:22 pm By Christine Caulfield Melbourne

A judge has appointed provisional liquidators to investment firm Mayfair 101 and has banned director James Mawhinney from transferring any assets out of Australia, after the corporate regulator told the court Mawhinney could face criminal charges.

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GetSwift class action trial vacated as judge asked to recuse himself
ASIC 2020-08-13 10:15 pm By Cat Fredenburgh Melbourne

The judge overseeing a shareholder class action against logistics provider GetSwift and three executives has vacated an upcoming trial date, following an application that he recuse himself from hearing the case.

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ASIC drops investigation of former AMP chair Catherine Brenner
AMP 2020-08-10 9:58 pm By Christine Caulfield Melbourne

The corporate regulator will not take former AMP chair Catherine Brenner to court after investigating her conduct as part of probes that are expected to lead to at least five cases against the wealth management firm before the end of the year.

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High Court won’t hear appeal by ex-Storm Financial directors
Appeals 2020-08-07 9:34 pm By Christine Caulfield Melbourne

The High Court has denied a special leave application by the former directors of defunct financial advisory Storm Financial, after the Full Federal Court upheld a ruling finding they had breached their duties to eleven vulnerable investors by providing an inappropriate, one-size-fits-all model of investment advice.

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Fonterra may bring counter-claims in class action over milk prices
ACCC 2020-08-07 5:18 pm By Miklos Bolza Sydney

Fonterra could bring counter-claims against dairy farmers that brought a class action alleging they were unpaid when the company slashed milk prices in 2016, a court has heard, after debt recovery proceedings by Fonterra against the lead applicants were joined with the class action.

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ASIC spent $1.8M on failed Westpac responsible lending case
Appeals 2020-08-07 4:56 pm By Miklos Bolza Sydney

The Australian Securities and Investments Commission spent over $1.8 million in taxpayer funds investigating and prosecuting its now failed responsible lending case against Westpac.

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BNY Mellon unit convicted in first criminal case over handling of client money
ASIC 2020-08-05 10:32 pm By Cat Fredenburgh

Bank of New York Mellon unit Pershing has become the first company in Australia to be convicted of criminal charges for breaching regulations requiring AFSL licensees to keep client money in separate bank accounts.

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ASIC sets sights on AMP, with more than 5 new cases expected this year
AMP 2020-08-05 6:09 pm By Alison Eveleigh Sydney

The Australian Securities and Investments Commission has told a parliamentary committee that it plans to bring more than five court proceedings against AMP before the end of the year and has referred a number of investigations into the financial services giant for possible criminal prosecution.

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Former financial adviser gets six years in jail for $1.86M Ponzi scheme
Article 2020-08-04 4:14 pm By Christine Caulfield Melbourne

Former financial adviser Graeme Miller has been jailed for six years after pleading guilty to misappropriating $1.865 million in client funds in what a judge described as a “cruel and deceitful betrayal”.

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