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Tandem class action members may have been misled by news about cross-claims, judge says
Class Actions 2021-04-07 5:13 pm By Cindy Cameronne

A judge has found that news articles published in the Herald Sun, Daily Mail and The Australian may have given group members in a class action against a Telstra contractor the “wrong impression” that they would be exposed to a cross-claim if they failed to opt out.

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CBA fined $7M after judge questions if penalty has enough ‘sting’
Financial Services 2021-04-06 9:23 pm By Cindy Cameronne

A judge has slugged the Commonwealth Bank of Australia with a $7 million fine in proceedings brought by ASIC for excessive interest charged to thousands of overdraft customers, but noted the penalty amounted to profits from just six hours of operation for the Big Four bank.

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QC for Bega in trade mark dispute elevated to Federal Circuit Court
Courts 2021-04-06 8:59 pm By Cindy Cameronne

The Attorney-General has appointed three new judges to the busy Federal Circuit Court, including the barrister who represented Bega in a high-stakes trade mark lawsuit brought by a rival.

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‘Nothing the Crown does will satisfy these nine accused’: Prosecution defends ANZ cartel indictment
White Collar 2021-04-01 9:56 pm By Cindy Cameronne

The prosecution in a criminal cartel case against several banks and high-ranking executives over a $2.5 billion ANZ share placement has fought back against accusations that its indictment is “fundamentally flawed” and should be quashed.

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Greensill Bank to avoid asset seizure for now as Australian creditors named
Restructuring & Insolvency 2021-03-31 6:18 pm By Cindy Cameronne

A judge has allowed a German bank owned by Greensill Capital, which owes creditors over $1.75 billion, to temporarily avoid seizure of its assets as the bank seeks to have its German insolvency proceedings recognised in Australia.

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HWL Ebsworth docs sought by ANZ whistleblower could contain ‘golden nugget’, judge says
Employment 2021-03-31 3:31 pm By Cindy Cameronne

A judge has ruled that a former ANZ trader who alleges he was fired after complaining about rate-rigging at the bank can amend his lawsuit after separate proceedings that accuse law firm HWL Ebsworth of withholding his client file are resolved, saying the HWL documents could contain a “golden nugget”.

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JM Kelly’s negligence case against former accountant should go to trial, judge rules
Construction 2021-03-30 6:51 pm By Cindy Cameronne

A judge has refused to summarily dismiss proceedings by collapsed construction group JM Kelly against its former accountant, finding it was an issue for trial whether he caused the company to continue operating despite financial issues leading to its liquidation.

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Capilano Honey, CEO awarded $175,000 in ‘toxic honey’ defamation case
Defamation 2021-03-30 2:47 pm By Cindy Cameronne

The manufacturer of Capilano honey has won its lawsuit alleging defamation over articles that called the product “toxic” and “polluted”.

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ASIC will ask to have Melissa Caddick charges dropped
White Collar 2021-03-29 4:28 pm By Cindy Cameronne

The Australian Securities and Investments Commission will seek to drop all charges which were the subject of an arrest warrant against accused fraudster Melissa Caddick, after her remains were found on the NSW South Coast in February.

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Builder not on the hook for $12M in damages for Lacrosse building fire, appeals court says
Construction 2021-03-29 3:58 pm By Cindy Cameronne

An appeals court has found that building company LU Simon should not pay $12 million in damages for a 2014 fire which broke out in Melbourne’s Lacrosse tower and was accelerated by Alucobest cladding panels since the company had relied on consultants’ advice in choosing the cladding material.

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