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Treasury Wine calls for stay of class action, accuses Maurice Blackburn of misusing docs
Class Actions 2020-06-02 2:18 pm By Miklos Bolza

Treasury Wine Estates will seek to shut down a shareholder class action brought by Maurice Blackburn after accusing the law firm of breaching its obligations and using documents from a prior lawsuit against the global wine distributor in the current proceedings.

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Landmark ruling nixing class closure orders likely to reach High Court
Analysis 2020-04-23 9:10 pm By Christine Caulfield

A ruling Wednesday that struck down class closure orders — a device used by judges in class actions for the past two decades — has split the courts in Australia and is expected to head to the High Court.

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Courts don’t have power to make class closure orders, appeals court says
Class Actions 2020-04-22 6:30 pm By Miklos Bolza

An appeals court has overturned a ruling ordering class closure in seven representative proceedings against car makers over defective Takata airbags, finding courts do not have the power to make class closure orders.

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Courts criticised for losing sight of justice in Takata airbag class closure challenge
Class Actions 2020-02-19 8:38 pm By Miklos Bolza

The lead applicants in seven class actions against auto manufacturers over explosive Takata airbags have criticised the courts for losing their way in ensuring justice is done, in a landmark challenge to class closure orders made in the cases.

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Judge joins two Lendlease class actions, wants one law firm to bow out
Class Actions 2019-11-21 10:30 pm By Christine Caulfield

A judge has consolidated competing shareholder class actions against builder Lendlease brought by rival plaintiffs law firms, but has rejected the firms’ bid to jointly run the litigation and says one of them must go.

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ASIC wins appeal in Westpac ‘personal advice’ case
Appeals 2019-10-28 2:06 pm By Cat Fredenburgh

The Full Federal Court has handed the Australian Securities and Investments Commission a win in a high-stakes appeal over what constitutes personal advice under financial services laws, finding Westpac violated its duty to act in its customers best interests through a superannuation rollover campaign.

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Lloyd’s says court has no power to let Pitcher Partners class actions eyeball insurance policies
Insurance 2019-08-30 9:23 pm By Miklos Bolza

Two units of global insurer Lloyd’s have launched a constitutional challenge to a Federal Court order requiring accounting firm Pitcher Partners to hand over certain insurance documents in two shareholder class actions.

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ASIC appeals ruling in market manipulation case against NAB contractor Whitebox
Securities 2019-06-28 11:39 pm By Cat Fredenburgh

The Australian Securities and Investments Commission is challenging the dismissal of its enforcement action against  National Australia Bank contractor Whitebox Trading and sole director Johannes Boshoff, which accused them of market manipulation that resulted in a spike in the price of securities on the ASX-200 index in October 2012.

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ASIC loses market manipulation case against NAB contractor Whitebox
Securities 2019-06-11 4:37 pm By Miklos Bolza

The Australian Securities and Investments Commission has lost its market manipulation action against Whitebox Trading and its director Johannes Boshoff, with the court finding it was “practically impossible” that any of the trades at the centre of the case were made for an illegitimate purpose.

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Westpac wants court to raise the bar for ‘personal advice’ finding
Financial Services 2019-03-04 10:59 pm By Cat Fredenburgh

Westpac has followed ASIC’s lead, launching a separate appeal to a ruling that it provided financial advice but not personal advice as part of a campaign encouraging customers to roll over external superannuation accounts.

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