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High Court rejects Westpac’s ‘gloss’ on financial product advice statute
High Court 2021-02-03 10:51 am By Christine Caulfield

The High Court has dismissed an appeal by Westpac challenging a ruling that found the bank breached its duties to customers by providing personal financial advice as part of a telephone campaign encouraging customers to roll over external superannuation accounts.

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Fifth PFAS contamination class action launched against federal government
Class Actions 2021-02-03 9:05 am By Christine Caulfield

The Morrison government faces a fifth class action alleging the use of toxic firefighting foam at a Defence Force base on the South Coast of New South Wales contaminated Indigenous land.

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On judge’s urging, JBS drops PwC solicitor in privilege fight with tax office
Tax 2021-02-02 9:43 pm By Christine Caulfield

Meat processor JBS Australia has appointed new legal representation in a battle with the Australian Taxation Office over the scope of privilege attached to thousands of documents produced by its tax adviser, PricewaterhouseCoopers, after a judge raised concerns about potential conflicts of interest in PwC’s representation of its client.

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ATO secures $138M settlement with Isreal Discount Bank in Binetter family tax fraud case
Tax 2021-02-01 10:39 pm By Christine Caulfield

The Australian Taxation Office has reached a $138 million settlement in proceedings against Israel Discount Bank, the last remaining defendant in a long-running case over an alleged international tax evasion scheme involving the Binetter family, founders of Nudie Juice.

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Judge refuses class action’s bid to amend forex cartel case against banks
Class Actions 2021-02-01 3:24 pm By Christine Caulfield

A judge has sided with five investments banks and rejected a bid to amend a class action alleging a series of cartel agreements to rig foreign exchange rates, saying there were “substantial problems” with the proposed pleadings.

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Concerns about courts wading into funding commission rates ‘exaggerated’, judge says
Class Actions 2021-01-29 10:08 pm By Christine Caulfield

Concerns behind criticism that courts aren’t equipped to assess a class action funder’s commission are exaggerated, and the fixing by judges of reasonable remuneration, at least in other cases, is nothing new, a Federal Court judge has said.

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ASIC secures court order to wind up Mayfair 101 unit
Restructuring & Insolvency 2021-01-29 10:07 pm By Christine Caulfield

A judge has ordered the winding up of M101 Nominees, the issuer of $67 million in notes promoted by James Mawhinney’s failed Mayfair 101, which is alleged to owe investors over $211 million.

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Oracle account director for ANZ was told he had ‘zero EQ’ before his sacking, lawsuit says
Employment 2021-01-25 6:48 pm By Christine Caulfield

An account director for Oracle is suing the tech company alleging he was fired for making complaints about one of his superiors who allegedly told him he had “zero EQ” and “an innate ability to annoy and anger people”.

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Merck Sharp & Dohme lodges cross appeal in Prevnar 13 vaccine patent spat
Intellectual Property 2021-01-25 4:33 pm By Christine Caulfield

Drug giant Merck Sharp & Dohme has brought a cross appeal in its long-running intellectual property dispute with Pfizer’s Wyeth over the top selling Prevnar 13 pneumococcal vaccine.

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Shareholder secures access to books for possible class action against Orinoco Gold
Restructuring & Insolvency 2021-01-25 3:13 pm By Christine Caulfield

Collapsed gold producer Orinoco Gold could face a class action after a shareholder won access to a raft of company documents to investigate the prospect of a group proceeding to recover losses.

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