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Ernst & Young strikes out with third party claims against failed LM Investment
Restructuring & Insolvency 2019-10-08 11:47 pm By Cat Fredenburgh

Ernst & Young, which is facing a lawsuit brought by the receiver of a fund overseen by failed financial services firm LM Investment Management, has lost its bid to file a claim for damages against LMIM, with a judge saying the auditor’s case was “flawed” and “counterintuitive”.

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APRA defends decision to bring failed IOOF case
Financial Services 2019-09-20 8:03 pm By Amelia Birnie

The prudential regulator is standing by its decision to bring proceedings against IOOF for alleged breaches of superannuation duties, despite criticism that such a “highly litigious regulatory environment” is placing immense pressure on financial services executives.

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Judge slams APRA case against IOOF as ‘fundamentally inadequate’ and ‘tenuous in the extreme’
Financial Services 2019-09-20 10:04 am By Amelia Birnie

APRA’s purely documentary case against troubled fund manager IOOF has been dismissed by the Federal Court as “unpersuasive”, “fundamentally inadequate” and “tenuous in the extreme”, in another major blow to financial services regulators pursuing action in the wake of the banking royal commission.

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Judgment looms for IOOF execs in APRA’s disqualification case
Financial Services 2019-09-17 11:53 am By Christine Caulfield

Five IOOF executives will learn their fate this week when a judge rules on a disqualification bid by the prudential regulator, the first judgment to be delivered by a court in a case filed in the wake of last year’s scandal-airing banking royal commission.

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Twin Quintis class actions squabble about ‘overly complicated’ case
Class Actions 2019-09-11 10:00 pm By Amelia Birnie

The plaintiffs in one of two shareholder class actions brought against troubled sandalwood producer Quintis have complained about potential delays that could result from the “overly complicated loss theory” being advanced in a parallel class action.

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Facebook, Instagram were entitled to block Aussie startup’s access, court told
Competition & Consumer Protection 2019-08-26 3:33 pm By Christine Caulfield

Facebook and Instagram have denied allegations they breached Australia’s competition law when they terminated the accounts of a Melbourne-based startup, saying they were entitled to block the company from their platforms.

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Quintis founder seeks transcripts of ASIC interviews
ASIC 2019-08-22 8:58 pm By Miklos Bolza

Six individuals interviewed by ASIC in relation to the collapse of sandalwood producer Quintis have sought leave to intervene in the regulator’s case against the company’s founder, Frank Wilson, after he sought discovery from ASIC of interview transcripts.

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Surfstitch, shareholders to make ‘last, final attempt’ at class action settlement
Class Actions 2019-08-09 8:07 pm By Amelia Birnie

The parties in two shareholder class actions brought against online fashion retailer Surfstitch will make one “last, final attempt” to resolve the proceedings in mediation after a proposed settlement was thwarted by a judge last year, a court heard Friday.

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ACCC proposals could hurt more than just Google and Facebook
Competition & Consumer Protection 2019-08-02 9:08 pm By Cat Fredenburgh

While the Australian Competition and Consumer Commission has set out to rein in the market power of Google and Facebook, the sweeping proposals in the regulator’s final digital platforms report would affect a large number of businesses and could have a detrimental effect on smaller companies and innovation, lawyers say.

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Ban on Instagram selfie with Kylie Jenner would intrude on ‘personal freedom’, judge says
Intellectual Property 2019-07-17 6:19 pm By Amelia Birnie

A judge has refused to order the removal of a selfie photograph with model Kylie Jenner from the personal Instagram account of the former CEO of a trendy Australian sunglasses retailer, saying such an injunction would intrude on her “personal freedom”.

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