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ASIC takes life insurer TAL to court over handling of cancer victim’s claim
ASIC 2019-12-17 10:22 pm By Cat Fredenburgh Melbourne

The Australian Securities and Investments Commission has taken legal action on another referral from the banking royal commission, dragging life insurer TAL to court for allegedly engaging in misleading and deceptive conduct in its handling of a claim for coverage.

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APRA begins probe of Westpac over ‘substantial gaps in risk governance’
Allens 2019-12-17 3:31 pm By Cat Fredenburgh Melbourne

The Australian Prudential Regulation Authority has flagged potentially “substantial gaps in risk governance” by Westpac as it formally kicked off an investigation into the bank and its executives for potential breaches of the Banking Act.

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Disqualified exec loses case that forwarded ASIC email doesn’t count as service
ASIC 2019-12-16 11:52 pm By Christine Caulfield Sydney

An email from the corporate regulator forwarded to a Perth businessman by his lawyer constituted proper notification that the executive had been disqualified, an appeals court has ruled in tossing a challenge to the method of service.

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‘I’m getting awful close to ending my life’: Magistrate despairs as ANZ cartel hearing blows out
ACCC 2019-12-12 7:49 pm By Miklos Bolza Sydney

A committal hearing in the ANZ cartel case may run a further nine days next year due to ongoing arguments about subpoenas and privilege, which have derailed five planned days of cross-examination of key witnesses and led a Local Court Magistrate to proclaim she was “awful close” to ending her life.

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Westpac asks High Court to hear personal advice case
Allens 2019-12-11 11:08 pm By Cat Fredenburgh Melbourne

Westpac has filed a special leave application with the High Court seeking further clarity on the line between personal and general advice under financial services laws, after an appeals court handed ASIC a significant win in finding the bank violated its duty to act in its customers’ best interests during a superannuation rollover campaign.

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Banks want to grill ANZ cartel case witnesses on late evidence by ACCC
ACCC 2019-12-10 6:58 pm By Miklos Bolza Sydney

The banks and executives facing criminal charges over alleged cartel conduct related to ANZ’s $2.5 billion share placement in 2015 will fight to widen their cross-examination of key ACCC witnesses after new information was brought to light in late submissions by the regulator.

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Group members to get $100 or less under $1.5M ANZ class action settlement
ANZ 2019-12-06 1:54 pm By Cat Fredenburgh Melbourne

A judge has given the green light to a $1.5 million settlement in a long-running class action against ANZ alleging it slapped customers with illegal fees, with group members expected to get no more than $100 and potentially walking away with “substantially less” than this.

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APRA ‘actively considering’ next steps against Westpac in wake of AUSTRAC lawsuit
APRA 2019-12-02 5:06 pm By Miklos Bolza Sydney

APRA’s chairman has told Parliament that the regulator is “actively considering” what action it should take against Westpac in light of recent allegations by AUSTRAC that the bank breached anti-money laundering laws on 23 million occasions.

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With class actions likely, Westpac gives share purchasers a way out
ASIC 2019-11-28 11:34 pm By Cat Fredenburgh Melbourne

Embattled banking giant Westpac may be seeking to limit its potential liability in any shareholder class actions it may face in the wake of AUSTRAC’s lawsuit alleging 23 million breaches of anti-money laundering and counter-terrorism financing laws, with the bank offering to refund some of those that purchased shares as part of a $2.5 billion capital raising.

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‘Orwellian doublespeak’: Judge lashes Dover Financial’s client protection policy
ASIC 2019-11-22 11:10 pm By Cat Fredenburgh Melbourne

The Australian Securities and Investments Commission has won its case against defunct financial advisor Dover Financial and its former director, who famously collapsed during the banking royal commission, with a judge saying the company engaged in misleading and deceptive conduct through its inaptly titled ‘client protection policy’.

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