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FE Sports to pay $350,000 penalty for ‘serious’ resale price maintenance
ACCC 2021-03-24 9:01 pm By Miklos Bolza Sydney

Brisbane-based sporting goods wholesaler FE Sports has been fined $350,000 for engaging in resale price maintenance that prohibited dealers from advertising certain products for less than the recommended retail price.

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‘Hardly seems worth the powder and the shot’: Judge asks why ASIC still pursuing CBA MySuper case
ASIC 2021-03-24 3:00 pm By Cindy Cameronne Sydney

A judge has questioned why ASIC is still pursuing its case CBA unit Colonial First State over statements made to 12,000 fund managers during the transition to MySuper accounts, after the bank admitted it misled members in 61 of the 80 phone calls at the heart of the case.

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ASIC triumphs in ‘bad advice’ case against IOOF unit
ASIC 2021-03-24 12:29 pm By Miklos Bolza Sydney

A former financial advisor employed by an IOOF unit accused of taking hefty commissions for steering investors towards risky investments contravened the financial advice provisions of the Corporations Act, a judge has found.

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ATO wins appeal over $2.3M Auctus R&D tax refund mistake
Alain Musikanth 2021-03-23 9:27 pm By Miklos Bolza Sydney

The Australian Taxation Office has successfully appealed a Federal Court decision finding it could not recover an R&D tax offset refund of around $2.3 million paid to Auctus Resources despite the payment being made by mistake and the mining company admitting it was not entitled to the money.

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In win for ASIC, judge rules Mayfair misled investors about risk
ASIC 2021-03-23 3:24 pm By Miklos Bolza Sydney

A judge has handed ASIC a victory in finding that investment group Mayfair 101 misled investors about the level of risk of its financial products, a ruling that will expose the group to pecuniary penalties at a time when a number of its entities have been wound up.

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In win for ACCC, Full Court says vulnerability not essential to proving unconscionable conduct
ACCC 2021-03-22 1:39 pm By Miklos Bolza Sydney

The Full Federal Court has ruled that unconscionable conduct under the Australian Consumer Law is not confined to exploitation of vulnerable parties, in an “extremely significant” judgment that will extend the reach of the unconscionable conduct provisions and protect a wider swathe of consumers.

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Peters says competitors had many ways to serve up their ice cream
ACCC 2021-03-22 1:16 pm By Cat Fredenburgh Melbourne

Peters Ice Cream has denied claims by the ACCC that it signed an agreement for the exclusive distribution of its single serve ice creams to service stations and convenience stores in order to ice competitors out of the market, saying competitors had many options for serving up their frozen treats to ice cream lovers.

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JPMorgan wants to have its cake and eat it too in ANZ cartel case, court hears
ACCC 2021-03-19 7:04 pm By Miklos Bolza Sydney

Whistleblower JPMorgan can’t be a witness in a criminal cartel case over a $2.5 billion ANZ share placement that has ensnared several investment banks and top executives and claim privilege over witness statements relevant to the case, a court has heard.

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Silk in ASIC cases against Rio Tinto, GetSwift appointed to Federal Court
ACCC 2021-03-19 1:52 pm By Cat Fredenburgh Melbourne

The Acting Attorney-General has made two appointments to the Federal Court, including the barrister representing ASIC in its high-stakes cases against Rio Tinto and GetSwift.

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Wolf of Wall Street wannabe cops 10-year ban for ‘serious’ disregard for compliance
ASIC 2021-03-18 2:42 pm By Miklos Bolza Sydney

The director of now defunct foreign exchange and derivative trader Forex Capital Trading has been banned from providing financial services for 10 years after ASIC found he had a serious lack of regard for compliance while overseeing the firm’s Wolf of Wall Street-esque trading floor culture.

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