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PWC claims privilege against self-incrimination in fight over Vocation audit files
Class Actions 2019-05-22 8:42 pm By Christine Caulfield

Accounting giant PricewaterhouseCoopers is resisting a notice to produce audit files in a consolidated shareholder class action over the collapse of education and training company Vocation, arguing its partners face a real risk of criminal and civil penalty proceedings and are entited to claim privilege against self-incrimination.

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Law firms to learn fate in AMP class action beauty parade
Analysis 2019-05-21 11:25 pm By Christine Caulfield

A ruling by a judge deciding a four-way contest to run a shareholder class action against AMP is expected this week, a judgment significant not just because it is the first time a court in Australia has been asked to choose among so many competing representative cases.

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ANZ brings on class actions ace as new group GC
People In The News 2019-05-21 8:43 pm By Christine Caulfield

ANZ has recruited seasoned class actions lawyer Ken Adams to be its next group general counsel as the bank faces two cases over a botched share placement and braces for the possibility of more litigation in the wake of the Banking Royal Commission.

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Qudos Bank wins source code from Infosys as it weighs possible IP case
Intellectual Property 2019-05-20 11:33 pm By Christine Caulfield

Technology consulting group Infosys must hand over more documents — including source code — to Qudos as the mutual bank considers a possible copyright infringement and breach of contract case in the wake of a soured deal to help overhaul its online banking platform.

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Metlife brings action against AFCA in first court showdown for complaints body
Financial Services 2019-05-20 9:36 pm By Christine Caulfield

Insurance giant Metlife has launched legal proceedings against the Australian Financial Complaints Authority to challenge a finding in favour of an injured former NSW police officer, in what is the first Federal Court action against the new external dispute resolution body.

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Microsoft can’t get ‘free hand’ to change case in re-trial of IP spat, judge says
Intellectual Property 2019-05-17 11:11 pm By Christine Caulfield

A judge has rejected an application by Microsoft to add a claim to its intellectual property dispute with a Melbourne computer retailer after the software giant’s $2.8 million win was overturned as “regrettable” and the case sent back for re-trial.

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Over protests, judge sets trial date in ASIC case against Tennis Australia duo
ASIC 2019-05-17 3:13 pm By Christine Caulfield

A judge has scheduled a three-week trial to begin November 4 in a case brought by the corporate regulator against two directors of Tennis Australia over broadcast rights to the Australian Open, despite argument by a lawyer for one director that the timetable was “extremely tight”.

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Facebook, Instagram to fight misuse of market power case by social media startup
Competition & Consumer Protection 2019-05-17 2:27 pm By Christine Caulfield

Facebook and Instagram will defend against claims they misused their market power to block an Australian marketing startup from their platforms, saying the company – which sends scheduled social media posts for clients — had breached their terms of use.

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Pacific National’s undertaking better for rail competition, says judge in tossing ACCC case
Competition & Consumer Protection 2019-05-16 11:50 pm By Christine Caulfield

Potential new entrants to a major freight terminal in Queensland will be “better protected” by a last-minute promise by the terminal’s hopeful owner, Pacific National, than if the ACCC had succeeded in blocking the rail operator’s proposed $205 million acquisition, according to the judge who dismissed the competition watchdog’s case.  

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ASIC’s Shipton clarifies ‘why not litigate’ approach
Financial Services 2019-05-16 4:10 pm By Christine Caulfield

The Australian Securities and Investments Commission chair James Shipton has clarified the regulator’s “why not litigate” approach to enforcement, saying it does not mean “litigate first” or “litigate everything”.

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