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Judge fines NAB $15M, questions ASIC’s ‘introducer’ investigation
Financial Services 2020-10-19 6:01 pm By Miklos Bolza

A judge has slapped National Australia Bank with a $15 million penalty over its scandal-ridden home loan introducer program but slammed ASIC’s investigation into the program, saying there was no “real regulatory desire to pursue a thorough investigation as to what in truth occurred”.

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Flexigroup tries again to overcome Zip opposition to ‘no interest’ trade mark
Intellectual Property 2020-10-19 9:46 am By Cat Fredenburgh

Fintech Flexigroup has appealed rival Zip Co’s successful opposition to its ‘No Interest Ever!’ trade mark, which an IP Australia delegate found was a laudatory phrase incapable of distinguishing the goods of a single trader.

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Judge backs ASIC plan to ban OTC binary options as issuers hit with $75M penalty
Financial Services 2020-10-16 4:52 pm By Christine Caulfield

Over-the-counter derivative issuers AGM Markets, OT Markets and Oxifin Tech have been ordered to pay a total of $75 million in penalties after a ruling that they engaged in unconscionable conduct causing losses of over $30 million to unsophisticated investors seeking what a judge called “financial heroin hits”.

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‘Solicitors love them’: Judge rails against discovery ‘tsunami’ in class actions
Class Actions 2020-10-15 11:47 am By Miklos Bolza

The judge overseeing a class action against Westpac over superannuation fees has criticised costly discovery processes that produce a “tsunami of material”, most of which is never used at trial.

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AUSTRAC won’t pursue Afterpay after auditor found it got bad legal advice
Financial Services 2020-10-14 1:19 pm By Cat Fredenburgh

Financial crimes regulator AUSTRAC will not take legal action against Afterpay over its compliance with anti-money laundering laws, following an external auditor’s report that found the buy now, pay later provider had received “incorrect” legal advice from several top-tier law firms about its compliance program.

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In plea to court, Mayfair’s Mawhinney tries to salvage Mission Beach investments
Financial Services 2020-10-13 3:43 pm By Miklos Bolza

The director of the besieged Mayfair investment group will submit a new noteholder proposal to the court in an effort to stave off the winding up of M101 Nominees and salvage his multi-million dollar Dunk Island and Mission Beach investments.

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VW escapes ASIC responsible lending case with $4.7M remediation promise
Financial Services 2020-10-12 4:08 pm By Cat Fredenburgh

The Australian Securities and Investments Commission has settled its responsible lending case against Volkswagen’s financial services unit with an undertaking from the car financier to repay customers $4.7 million.

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AMP hits back at class action, says buy-out policy changes needed to avoid ‘BOLR run’
AMP 2020-10-12 2:13 pm By Christine Caulfield

Changes to AMP’s buyer of last resort policy that reduced the multiple by which the wealth management firm would purchase advisers’ client registers was necessary to protect the business from a ‘BOLR run’, a court had been told.

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Zip Co crushes Flexigroup’s ‘No Interest’ trade mark
Intellectual Property 2020-10-09 10:01 pm By Cat Fredenburgh

Fintech Zip Co has successfully opposed rival Flexigroup’s attempt to trade mark ‘No Interest Ever!’, in the latest trade mark battle between buy now, pay later service providers in Australia.

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‘The Ben Hur of cartel class actions’: Rate-rigging case comes under attack
Competition & Consumer Protection 2020-10-08 6:37 pm By Miklos Bolza

Five investment banks facing a class action for their alleged rigging of foreign exchange rates have slammed the “unclear” and “incredibly vague” case, saying it contains “literally trillions” of possible variations of the cartel agreement allegedly entered into.

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