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7-Eleven class actions can’t shield witness identity despite ‘real risk’ of reprisal
Class Actions 2019-08-19 8:41 pm By Miklos Bolza

A judge has refused an application to suppress the identity of a franchisee giving evidence in two class actions against 7-Eleven despite the individual’s fears he may lose his franchising licence as retaliation by the global convenience store giant.

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Litigation must not descend into ‘staged trench warfare’, top judge tells ASIC, ANZ
Financial Services 2019-08-16 11:54 pm By Christine Caulfield

The Federal Court’s top judge has urged ASIC and ANZ to continue their “litigation good faith” in the corporate cop’s action over $35 million in allegedly illegal customer fees charged by the bank, and cautioned the two sides against slogging it out with a “staged trench warfare” mentality.

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Responsible lending class action against Westpac paused after ASIC loss
Class Actions 2019-08-16 10:10 pm By Christine Caulfield

After defeating the corporate regulator’s case alleging it breached responsible lending laws, banking giant Westpac has won a reprieve from lodging a defence in a related class action.

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‘This pleading is a mess’: Judge slams liquidators’ case against Forge directors and auditors
Restructuring & Insolvency 2019-08-16 4:11 pm By Amelia Birnie

A judge has sent insolvency firm Ferrier Hodgson back to the drawing board to redraft its pleadings against the former directors and auditors of collapsed construction company Forge Group, warning that the overlapping actions were at risk of becoming an “unrideable bull”.

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Fairfax appeals $280K Chau Chak Wing defamation judgment, says journo didn’t lie
Defamation 2019-08-15 10:27 pm By Miklos Bolza

Fairfax Media has challenged a judge’s “gravely serious” suggestion that one of its journalists lied about a confidential source, during the first day of a two-day appeal hearing over a $280,000 defamation judgment awarded to Chinese-Australian businessman Chau Chak Wing.

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Judge calls on ASIC, Austal to make ‘good faith’ effort to limit scope of privilege claims
Securities 2019-08-14 10:38 pm By Christine Caulfield

A judge has ordered ASIC and defence shipbuilder Austal to try to narrow the scope of documents at the centre of the regulator’s case challenging the company’s claims of legal professional privilege.

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APRA slaps Allianz with extra $250M capital requirement over risk management issues
Financial Services 2019-08-14 4:36 pm By Amelia Birnie

Insurance company Allianz Australia will need set aside an extra $250 million in capital until it strengthens its risk management, making it the fifth financial institution to be slapped with additional requirements by the prudential regulator.

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ACCC says five landmark cases against Google, Facebook ‘well advanced’
Competition & Consumer Protection 2019-08-13 9:41 pm By Christine Caulfield

The Australian Competition and Consumer Commission is preparing to launch five ground-breaking court cases against internet behemoths Google and Facebook, the regulator’s chair, Rod Sims, said Tuesday.

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‘We’re not in the realm of snake oil’: AFT appeals Maxigesic judgment
Competition & Consumer Protection 2019-08-13 9:02 pm By Miklos Bolza

AFT Pharmaceuticals has challenged a Federal Court decision that found its Maxisegic ads were misleading and deceptive, saying the judge “set the bar too high” by requiring it to prove there was an adequate scientific foundation for its painkiller representations.

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Westpac defeats ASIC home loan case
Breaking News 2019-08-13 11:43 am By Amelia Birnie

Westpac has defeated a responsible lending case brought by the Australian Securities and Investments Commission in relation to almost 262,000 home loans, with the Federal Court finding the corporate regulator misinterpreted the operation of national lending laws.

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