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Banks can’t suppress judgment on defective indictment in ANZ cartel case
Competition & Consumer Protection 2021-07-12 1:05 pm By Christine Caulfield

Investment banks accused in the criminal cartel case over a $2.5 billion ANZ share placement will not lose their right to a fair trial with the release of a judgment finding the prosecutors’ indictment deficient, a judge has ruled.

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CDPP sent back to the drawing board to address ‘defects’ in ANZ cartel case
Competition & Consumer Protection 2021-07-07 6:24 pm By Miklos Bolza

A judge has ordered the Commonwealth Director of Public Prosecutions to file a replacement indictment to address defects in the document at the centre of its criminal cartel case over a $2.5 billion ANZ share placement in August 2015.

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Arrium settlement was a ‘substantial compromise’, judge says
Restructuring & Insolvency 2021-07-05 4:05 pm By Cat Fredenburgh

A settlement reached in a lawsuit by the liquidators of collapsed steel giant Arrium against 10 former company directors accused of insolvent trading has been approved by a judge, who noted that while the settlement amount was “substantial”, the deal involved a “substantial compromise”.

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Baker McKenzie dragged into Chinese lender’s case against PwC over failed Aussie launch
Accounting 2021-05-17 5:52 pm By Cindy Cameronne

Chinese lender Aoyin wants to join Baker McKenzie to its claims against PwC over a failed bid to launch the first Chinese bank incorporated in Australia, after advice documents from the law firm were uncovered in a last-minute privilege fight.

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Banks can access JP Morgan’s ‘first accounts’ in ANZ cartel case
Competition & Consumer Protection 2021-05-14 11:56 am By Cat Fredenburgh

Several banks and executives facing criminal cartel charges over a $2.5 billion ANZ share placement have won access to interview notes taken by whistleblower JP Morgan prior to it being granted immunity, which the banks say will prove inconsistencies in the prosecution’s case.

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Settlement reached in lawsuit against Arrium directors
Restructuring & Insolvency 2021-05-05 5:26 pm By Cat Fredenburgh

A mid-trial settlement has been reached in a lawsuit brought by the liquidators of collapsed steel giant Arrium against 10 former company directors and officers for allegedly engaging in insolvent trading.

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ACCC to fight production of JPMorgan witness statements in ANZ cartel case
Competition & Consumer Protection 2021-04-22 5:02 pm By Cat Fredenburgh

The judge who vowed last year to move a criminal cartel case over a $2.5 billion ANZ share placement to trial “before we all retire” will soon weigh the ACCC’s claim for privilege over statements from JPMorgan witnesses it has been accused of pressuring during its investigation, two months after a different judge heard a still unresolved privilege fight in the long-running case.

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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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Banksia silk’s refusal to give evidence while seeking to reopen defence ‘inexcusable’, judge says
Class Actions 2021-03-24 4:56 pm By Christine Caulfield

Allowing former senior barrister Norman O’Bryan to reopen his defence in the Banksia class action while “avoiding the witness box” was clearly prejudicial, and futile to boot, a judge has said in his reasons for refusing the silk’s last-minute application.

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Banksia silk Norman O’Bryan signals possible appeal after failure to reopen defence
Legal Ethics 2021-03-18 10:29 pm By Christine Caulfield

Once high-flying barrister Norman O’Bryan might seek to challenge a refusal by the judge overseeing the Banksia class action to revisit his abandoned defence and accept into evidence a document he claims proved he did not secretly hold shares in the funder behind the case.

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