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McMillan Shakespeare settles class action over ‘illusory’ car warranties
Class Actions 2020-10-05 10:46 pm By Cat Fredenburgh

McMillan Shakespeare has settled a class action alleging one of its units engaged in unfair tactics and unconscionable conduct in the sale of car warranties that offered “no benefit or value” to consumers.

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ANZ to pay $10M for unconscionable conduct in charging illegal bank fees
Financial Services 2020-10-02 3:09 pm By Christine Caulfield

A judge has ordered Australia and New Zealand Banking Group to pay $10 million in penalties after finding that the bank engaged in unconscionable conduct and breached its obligations by slugging customers $3 million in periodic payment fees it was not entitled to charge.

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Insurer Allianz taken to court accused of misleading travellers on Expedia
Insurance 2020-09-30 10:38 pm By Christine Caulfield

The corporate regulator has brought action against Allianz Australia alleging the insurer misled consumers who purhased travel insurance on Expedia websites by failing to disclose how premiums were calculated and selling policies to ineligible customers.

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ASIC conflated conduct of GetSwift founders, court told
Securities 2020-09-30 9:39 pm By Christine Caulfield

ASIC’s case against GetSwift and its founders Joel Macdonald and Bane Hunter makes accusations against both directors but relies on alleged conduct by only Hunter, a lawyer for Macdonald has told a court on the last day of trial in the corporate regulator’s case.

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Payday lender Cigno pocketed $78M in fees for unlicenced lending, ASIC claims
Financial Services 2020-09-30 5:02 pm By Christine Caulfield

Payday lenders Cigno and BHF Solutions are facing enforcement action by the corporate regulator alleging they breached the credit laws by lending to hundreds of thousands of consumers with a licence and charging $78 million in fees.

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ASIC wins travel ban against advisor accused of impersonating clients for early super release
Financial Services 2020-09-28 1:36 pm By Christine Caulfield

The corporate regulator has secured temporary restraining orders against a financial advisor who is accused of impersonating clients to obtain early release of their superannuation funds and pocket a substantial fee for the service.

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Government rolls back responsible lending laws at centre of failed Westpac case
Financial Services 2020-09-25 1:15 pm By Cat Fredenburgh

The Morrison Government will ease responsible lending laws requiring banks to verify information from credit-seeking consumers, after the corporate regulator’s failed “wagyu and shiraz” case attacking Westpac’s lending practices.

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Mayfair’s Mawhinney hires Ashurst after lengthy ASIC submission
Financial Services 2020-09-23 11:34 am By Miklos Bolza

The director of the beleaguered Mayfair investment group, who has been self-represented in winding up proceedings by ASIC, has now entered into a late stage retainer with law firm Ashurst, with his barrister saying he could no longer manage the case on his own after the regulator filed a lengthy affidavit.

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‘Sad and tragic’: Court winds up Mayfair’s IPO Wealth Fund
Restructuring & Insolvency 2020-09-17 5:53 pm By Miklos Bolza

A  judge has ordered 17 companies connected to Mayfair’s “failed” IPO Wealth Fund to be wound up after finding the fund’s director put investor money at risk through “highly speculative” investments to make a windfall for himself.

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ACCC can’t stop buy now, pay later finance in solar industry
Energy & Natural Resources 2020-09-15 11:37 pm By Cat Fredenburgh

The Australian Competition Tribunal has shot down ACCC moves to restrict the use of buy now, pay later finance for the purchase of solar goods and other new energy technology products.

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