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Federal prosecutors pursuing a case against Members Equity have lost an appeal of a ruling that threw out half the charges against the direct bank as time barred, with an appeals court finding the ASIC Act imposes a hard deadline for bringing a criminal case of misleading or deceptive conduct.
A judge has given a “judicial harrumph” to Sydney developer FKP Commercial Developments and Irish insurer Zurich Insurance in a dispute over coverage for an apartment defects suit, saying it was not for the court to “trawl” through an insurance policy to work out its meaning.
Challenging a ruling that tossed half the charges brought against direct bank Members Equity, prosecutors have told an appeals court the ASIC Act does not impose a strict deadline for bringing a criminal case of misleading or deceptive conduct.
The Australian Securities and Investments Commission is challenging a ruling that threw out half the criminal charges against direct bank Members Equity, arguing the statute of limitations doesn't apply to serious corporate misconduct.