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ASIC launches proceedings against five Youpla Group directors

ASIC has commenced civil penalty proceedings in the Federal Court against five former directors and officers of the Youpla Group (formerly Aboriginal Community Benefit Fund) for breaches of their duties. The Youpla Group operated several funds providing funeral insurance, mostly marketed to indigenous Australians. ASIC Deputy Chair Sarah Court said, ‘ASIC’s case seeks to hold...

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As cost of living pressures persist ASIC calls on lenders to support customers in financial hardship

ASIC has today released an open letter to lenders—which has been sent directly to 30 large lenders—calling on them to make sure they appropriately support customers experiencing financial hardship. ASIC is seeing evidence that an increasing number of customers are experiencing financial distress and difficulty due to cost-of-living pressures. In this context, it is critically...

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ASIC – RBA issue joint letter of expectations to ASX

Today, ASIC and the RBA (the Regulators) issued a joint letter outlining regulatory expectations of ASX Clear Pty Limited (ASX Clear) and ASX Settlement Pty Limited (ASX Settlement) when engaging with the newly established ASX Cash Equities Clearing and Settlement Advisory Group (Advisory Group). The Advisory Group, with Independent Chair Alan Cameron AO, was established...

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ASIC suspends AFS licence of Australasian Capital Pty Ltd

ASIC has suspended the Australian financial services (AFS) licence of Australasian Capital Pty Ltd (Australasian) ACN 143 093 832 for one year, until 25 August 2024. The licence authorised Australasian to provide financial services to wholesale clients. ASIC suspended the license because Australasian has ceased to carry on a financial services business. Australasian has also...

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Banning of Queensland director for failing to meet fit and proper person requirements stayed pending appeal

ASIC has banned Queensland director Maree Narelle Hawcroft from controlling an entity that carries on a financial services business and performing any functions involved in the carrying on of a financial services business for one year from 14 March 2023. The ban has been stayed from 1 August 2023, subject to conditions, after Ms Hawcroft...

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Court finds former Quintis director did not breach duties

After a four-week contested trial, the Federal Court has found Frank Cullity Wilson, former managing director of Quintis Limited (Quintis), did not breach his duties as director regarding disclosure of the termination of key contracts. ASIC Deputy Chair Sarah Court said, ‘ASIC pursued this case because we were concerned that information was not properly disclosed...

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ASIC focuses on protecting vulnerable consumers and small businesses in 23-24

ASIC will take further enforcement action to protect Australian consumers and small businesses in an environment where scams, digitally-enabled misconduct and predatory lending practices are increasingly prevalent. Releasing ASIC’s latest Corporate Plan, ASIC Chair Joe Longo said the plan follows a year of progress against the organisation’s strategic priorities and strong enforcement outcomes in 2022-23....

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ASIC suspends AFS licence of Navigate Global Payments

ASIC has suspended the Australian financial services (AFS) licence of Navigate Global Payments Pty Ltd (Navigate) until 18 October 2023, after it was placed into voluntary administration on 30 June 2023. On 30 June 2023, Nick Combis of Vincents Chartered Accountants was appointed as voluntary administrator of Navigate. On the same day, David Hardy, Sarah...

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Melbourne man charged over alleged insider trading in Kidman Resources shares

Duncan Stewart, of Armadale, Melbourne has today appeared at the Melbourne Magistrates’ Court charged with multiple insider trading offences in connection with share market purchases made in Kidman Resources Ltd in 2019. ASIC alleges that Mr Stewart engaged in insider trading on two occasions in April 2019, when he purchased shares in Kidman Resources while...

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ASIC freezes assets of former Sydney financial adviser

On 5 July 2023, ASIC commenced urgent proceedings in the Federal Court against David Valvo, former Sydney financial adviser, and related company, Your Financial Freedom Pty Ltd. On the same day, the Court made orders freezing the assets of Mr Valvo and Your Financial Freedom Pty Ltd (ACN 083 0044 580), restrained Mr Valvo from...