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VW dieselgate hearings postponed over ACCC objections
Class Actions 2019-05-22 10:11 pm By Miklos Bolza

A hearing scheduled for later this year in several class actions and an ACCC proceeding over allegations Volkswagen installed dual-mode software in diesel vehicles to cheat on emissions tests has been postponed, despite cries of prejudice from the consumer regulator.

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Class action applicant can’t bring ‘shambolic’ case over side deal with funder
Class Actions 2019-05-22 9:23 pm By Amelia Birnie

One of two lead applicants in the settled Arasor shareholder class action has been denied leave to be heard over its $1 million personal expenses dispute with litigation funder International Litigation Partners after missing a filing deadline, with a judge calling its handling of the case “shambolic”.

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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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CIMIC faces bid for indemnity costs after last-minute subpoenas derailed class action trial
Class Actions 2019-05-21 4:20 pm By Miklos Bolza

The lead applicant in a shareholder class action against global engineering firm CIMIC Group has made a bid for indemnity costs, after a last-minute subpoena of three former executives led to the trial being vacated.

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High Court to clarify meaning of ‘officer’ under Corporations Act
Appeals 2019-05-21 2:46 pm By Cat Fredenburgh

The High Court has granted ASIC special leave to appeal a judgment that let a former director of Gold Coast finance company MFS Group partially off the hook for $147.5 million in misappropriated funds, after ASIC argued the High Court should intervene to clarify the scope of the word “officer” under the Corporations Act.

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AMP admits to breaches in ASIC’s insurance churn case
Financial Services 2019-05-21 12:43 pm By Miklos Bolza

AMP’s financial planning unit has admitted it breached the Corporations Act when at least one of its representatives engaged in so-called insurance policy churning, in a case brought by the Australian Securities & Investments Commission that will now head to a hearing on penalties next month.

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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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‘No material risk’ of fire: PE cladding importer hits back at class action
Class Actions 2019-05-20 9:23 pm By Miklos Bolza

Australian distribution firm Halifax Vogel has struck back at a class action alleging it violated consumer laws with its representations regarding the quality of Alucobond cladding, denying that the cladding puts buildings and their occupants at risk of harm or death from fire.

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Judge finds real risk of ASIC case against former IOOF exec
Financial Services 2019-05-20 9:05 pm By Amelia Birnie

Former IOOF chairman George Venardos will be allowed to object to incriminating evidence and discovery in proceedings brought by APRA, after a court found there was a real and appreciable risk that ASIC could also bring a civil case against him.

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