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Union in UAE Exchange suit scolded for ‘throwing case into chaos’
Employment 2018-09-20 7:44 pm By Miklos Bolza

A landmark trial brought by the Financial Sector Union of Australia against UAE Exchange Australia has been vacated after a judge accused the union of “throwing the case into chaos” with a belated expert report.

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Financial adviser wins challenge to ASIC’s life ban
Financial Services 2018-09-19 7:37 pm By Cat Fredenburgh

The Australian Securities and Investments Commission failed to establish any grounds for permanently banning an ANZ financial adviser from the industry, a tribunal said in setting aside the decision Tuesday. 

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Judge wants funder’s cut in Westpac class action to come from net recovery
Class Actions 2018-09-19 1:58 pm By Cat Fredenburgh

A judge has agreed to sign off on an order in a massive class action against Westpac that could give 25 percent of any recovery to the litigation funder underwriting the case, on the condition that the funder accept a rate reflecting the net, not the gross, sum.

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ASIC deputy chair Peter Kell calls it quits
Financial Services 2018-09-18 10:09 pm By Christine Caulfield

The deputy chairman of the Australian Securities and Investments Commission, Peter Kell, has resigned just five months into a yearlong extension of his contract with the corporate watchdog.

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Judge dismisses MyBudget consumer class action
Class Actions 2018-09-18 9:59 pm By Miklos Bolza

MyBudget has successfully fought off a class action brought by consumers who claimed the budget management firm violated consumer law by holding onto interest earned on their personal budgeting accounts.

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ASIC sues Dover Financial, director for misleading clients
Financial Services 2018-09-17 3:53 pm By Cat Fredenburgh

ASIC has filed a lawsuit against shuttered financial adviser Dover Financial and its former director, who famously collapsed during questioning before the Royal Commission, over its client protection policy.

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Judge still not ready to sign off on Westpac’s $35M deal with ASIC
Financial Services 2018-09-14 11:25 pm By Miklos Bolza

A judge will appoint an independent barrister to examine Westpac’s recent $35 million settlement with the corporate regulator, saying it wasn’t clear if the bank had breached responsible lending laws as alleged.

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ASIC sues ANZ over $2.5B share placement
Competition & Consumer Protection 2018-09-14 4:20 pm By Cat Fredenburgh

ASIC has filed a lawsuit against ANZ alleging it breached its continuous disclosure obligations in relation to a $2.5 billion institutional share placement, which is also at the centre of a criminal cartel case against the bank.

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Funders react to ASIC’s thumbs down on licensing
Class Actions 2018-09-13 11:41 pm By Christine Caulfield

The corporate watchdog’s dim view of proposals to regulate litigation funders got a mixed reaction from big players in the industry Thursday, with its position supported by foreign funders but frowned on by at least one home-grown firm.

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ASIC doesn’t want to regulate litigation funders
Class Actions 2018-09-12 11:15 pm By Christine Caulfield

Litigation funders should not be regulated by ASIC but by the courts, the corporate watchdog has told the Australian Law Reform Commission in response to proposals to overhaul the class action regime and subject funders to licensing requirements.

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