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‘Not tenable’: Banksia judge tosses Alex Elliott’s request that he recuse himself
Class Actions 2020-09-07 9:57 pm By Alison Eveleigh

The judge overseeing professional misconduct claims against lawyers in the Banksia class action has denied a recusal application brought by Alex Elliott, the son of deceased class action lawyer Mark Elliott, who was joined to the proceedings in August.

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Banksia judge appeared to take ‘very dim view’ of lawyer Alex Elliott, court told
Class Actions 2020-09-02 9:42 pm By Alison Eveleigh

The judge overseeing professional misconduct claims against lawyers in the Banksia class action appeared to express “a very dim view” of Alex Elliott, the son of class action lawyer Mark Elliott, and should not hear the case against him, a court has heard.

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Lawyer Alex Elliott seeks recusal of judge in Banksia class action proceedings
Legal Ethics 2020-08-27 2:35 pm By Miklos Bolza

The son of controversial class action lawyer Mark Elliott has hired a big gun barrister to represent him in the Banksia class action proceedings and will be asking the judge overseeing the case against him to step aside.

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ASIC won’t take action against Commonwealth Bank over AUSTRAC matter
Financial Services 2020-08-26 11:55 pm By Cat Fredenburgh

The Australian Securities and Investment Commission will not take action against the Commonwealth Bank of Australia or any of its directors of officers in relation to AUSTRAC proceedings the bank agreed to settle for $700 million in 2018.

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ASIC spent $1.8M on failed Westpac responsible lending case
Financial Services 2020-08-07 4:56 pm By Miklos Bolza

The Australian Securities and Investments Commission spent over $1.8 million in taxpayer funds investigating and prosecuting its now failed responsible lending case against Westpac.

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Government won’t challenge loss in live export class action
Class Actions 2020-07-22 10:16 pm By Cat Fredenburgh

The Federal Government will not challenge a ruling in a class action brought on behalf of live exporters which found a total ban on live cattle exports to Indonesia in 2011 was “capricious and unreasonable”.

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CBA won’t hand over docs to class action without AUSTRAC’s blessing
Class Actions 2020-07-08 9:24 pm By Miklos Bolza

The Commonwealth Bank of Australia has refused to provide sought-after documents to the lead applicants of a joint class action against it until AUSTRAC grants permission, citing concerns over possible criminal breaches if it hands over the material without the agency’s approval.

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Government hit with $2.9M judgment in live export class action
Class Actions 2020-06-29 1:30 pm By Alison Eveleigh

The lead applicant in a class action against the Federal Government over its total ban on live cattle exports to Indonesia in 2011 has been awarded $2.9 million, potentially exposing the government to hundreds of millions of dollars in damages.

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Facebook claims it can’t be sued by Aussie privacy watchdog
Privacy & Cybersecurity 2020-06-26 4:25 pm By Miklos Bolza

US-based Facebook has argued that it does not carry on business in Australia despite users in Australia accessing its website, calling for the dismissal of action brought by the Australian Information Commissioner over alleged privacy breaches.

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ACCC takes Pacific National, Aurizon terminal deal challenge to High Court
Competition & Consumer Protection 2020-06-26 10:15 am By Christine Caulfield

The competition regulator wants the High Court to hear its challenge to Pacific National’s $205 million acquisition of Aurizon’s Acacia Ridge Terminal in Queensland, saying the deal would entrench the rail freight carrier’s near monopoly on the east coast of Australia.

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