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Westpac lending class action gets makeover after ASIC loss
Financial Services 2019-10-30 4:07 pm By Christine Caulfield

A class action accusing Westpac of issuing unsuitable home loans is pushing forward with overhauled pleadings after the corporate watchdog lost a related regulatory action, and the class now says it was enough that the bank failed to account for borrowers’ so-called essential expenses.

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Fair Work Ombudsman ‘shocked’ after Woolworths reveals $300M staff underpayment
Employment 2019-10-30 2:07 pm By Christine Caulfield

The Fair Work Ombudsmand has vowed to hold Woolworths to account after the supermarket giant disclosed Wednesday it had underpaid thousands of employees up to $300 million and was “deeply sorry”.

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AMP says ‘patronising’ former GC did not expose fees for no service practice
Employment 2019-10-29 2:55 pm By Christine Caulfield

The former AMP general counsel who alleges she was bullied and sacked for complaining about the wealth manager’s fees for no service was not a whistleblower, but just one of many employees who raised concerns about the practice, the firm has said in a defence to the fired lawyer’s $2.7 million lawsuit.

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Group members left with less than half of $18M UGL class action settlement
Class Actions 2019-10-29 1:50 pm By Christine Caulfield

UGL shareholders that signed up to a class action against the engineering company over disclosures related to its Ichthys power plant contract will get less than half of an $18 million settlement, even after the litigation funder takes a steep cut to its 30 per cent commission and the plaintiff’s firm caps its fees.

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Woolworths class action funder wants up to 35% of any recovery
Class Actions 2019-10-28 12:23 pm By Christine Caulfield

The funder backing a shareholder class action against Woolworths wants a 35 percent slice of any settlement or judgment in the $100 million case, according to its agreement with the applicants.

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After landmark Myer ruling, settlements in shareholder class actions to stay the norm
Analysis 2019-10-25 8:39 pm By Christine Caulfield

A groundbreaking class action ruling by the Federal Court on Thursday that found Myer misled shareholders and accepted the applicant’s market-based causation theory is the only judgment in an Australian securities class action since the first shareholder case was brought 20 years ago, and it might be the only one for years to come.

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Judge rules Myer misled shareholders, backs market-based causation
Class Actions 2019-10-24 2:39 pm By Christine Caulfield

A judge has ruled that department store Myer engaged in misleading or deceptive conduct and breached its continuous disclosure obligations when it failed to correct its “inflated” 2015 net profit forecasts, but said shareholders may not have suffered any loss flowing from the breaches, in a monumental decision that also found investors do not always need to prove direct reliance on misrepresentations in claiming damages in class actions.

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Westpac takes almost $1B hit to cash earnings for customer refunds
Financial Services 2019-10-23 10:21 pm By Christine Caulfield

The costs of Westpac’s customer remediation for the 2019 financial year will approach $1 billion, the bank said Wednesday, as it revealed to the market a $341 million dent in its cash earnings for the second half of the year as part of its ongoing repayment program.

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ACCC won’t freeze Emergent, Oxford cold storage deal
Competition & Consumer Protection 2019-10-23 12:58 pm By Christine Caulfield

The competition watchdog has given the greenlight to US cold storage giant Emergent Cold’s proposed takeover of rival Australian compay AB Oxford after raising preliminary concerns the deal would hike up prices.

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Stage set for battle over court’s power to vary class action funding agreements
Analysis 2019-10-22 11:06 pm By Christine Caulfield

A judge’s decision refusing to approve a $42 million settlement in a shareholder class action against Murray Goulburn because of a “too high” funder’s commission has set the stage for a showdown over the power of courts to alter funding agreements, a battle potentially more consequential than the fight over common fund orders now before the High Court.

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