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Dover can seek access to ASIC files in bid to prove ‘Orwellian’ client protection policy harmed no one
Financial Services 2019-12-20 11:04 pm By Christine Caulfield

Defunct Dover Financial, which faces a penalty hearing next year after it was found to have misled customers with an inaptly titled ‘client protection policy’, can bring an application for evidence from the corporate regulator that the policy did not harm anyone.

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ASIC takes Volkswagen to court for alleged car loan breaches
Financial Services 2019-12-20 10:23 pm By Christine Caulfield

Not bowed by its defeat against Westpac in a case over alleged responsible lending breaches, the Australian Securities and Investments Commission has brought action against Volkswagen alleging similar violations of the credit laws in relation to almost 50,000 car loans over three years.

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Reports of death of common fund orders greatly exaggerated
Analysis 2019-12-19 11:46 pm By Christine Caulfield

Common fund orders in federal class actions could live to see another day, the Federal Court has indicated in new guidance to be released Friday, which swiftly responds to a recent judgment by the High Court that appeared to spell their doom.

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Judge OKs $190M stolen wages class action settlement, says funder’s cut fair
Class Actions 2019-12-19 11:33 pm By Christine Caulfield

Calling it the largest human rights case in Australia’s history, a judge has signed off on a $190 million settlement in a class action against the State of Queensland and approved the funder’s 20 per cent cut of the proceeds.

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Funder of stolen wages class action fights to keep common fund order alive
Class Actions 2019-12-18 11:30 pm By Christine Caulfield

Arguing it shouldn’t be the victim of an “accident of timing”, the funder that bankrolled the landmark stolen wages class action is fighting to save a common fund order granting it 20 per cent of a $190 million settlement in the case, despite a recent High Court judgment shooting down the orders.

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Country Care criminal trial date in jeopardy as defence calls for Full Court review
Competition & Consumer Protection 2019-12-18 6:22 pm By Christine Caulfield

A six-week trial scheduled for February in a criminal cartel case against mobile equipment provider Country Care Group could be vacated a second time as lawyers for the defendants seek to appeal the judge’s planned directions to a jury in the groundbreaking case.

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Leyonhjelm used settlement offer to ‘attack’ Sarah Hanson-Young, court hears
Defamation 2019-12-17 10:16 pm By Christine Caulfield

Former senator David Leyonhjelm used a settlement offer as another platform to attack Greens senator Sarah Hanson-Young ahead of her win in a defamation case, a court has heard.

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GetSwift shareholder info should be off limits for class action bookbuilding, judge told
Class Actions 2019-12-17 8:13 pm By Christine Caulfield

Contact details of shareholders provided by GetSwift to the firm running a class action should not be used to recruit group members now that the common fund order in the case has been quashed, the logistics company has told a court.

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Appco ‘running out of money’, class action judge hears as fight over insurance docs looms
Employment 2019-12-17 6:05 pm By Christine Caulfield

Fundraising company Appco has told a judge overseeing a $90 million sham contracting class action it is “running out of money” and wants to mediate the dispute as soon as possible.

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Disqualified exec loses case that forwarded ASIC email doesn’t count as service
ASIC 2019-12-16 11:52 pm By Christine Caulfield

An email from the corporate regulator forwarded to a Perth businessman by his lawyer constituted proper notification that the executive had been disqualified, an appeals court has ruled in tossing a challenge to the method of service.

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