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ANZ, Citigroup execs defend book coverage despite receding demand in $2.5B capital raising
Trials 2023-04-27 11:57 pm By Sam Matthews

Two executives involved in ANZ’s $2.5 billion equity capital raising have stood by arguments that the book was covered when the bank’s underwriters took up $750 million of the shares, despite ASIC’s allegations of “receding demand” on the day of the placement.

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Lawyer who filed defence in losing case wins appeal of personal costs order
Appeals 2023-04-27 3:13 pm By Christine Caulfield

A lawyer’s role in litigation is not to draw conclusions on the existence of facts or the outcome of a case, an appeals court has ruled in throwing out a personal costs order against a solicitor for filing a defence in a case his client ultimately lost.

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IP Australia shreds cheese makers’ opposition to ‘parmesan’ trade mark
Intellectual Property 2023-04-27 10:00 pm By Cat Fredenburgh

A consortium of parmigiano reggiano producers has lost its opposition to registration of a parmesan trade mark in Australia by an international group dedicated to protecting common names from being monopolised.

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Allianz to appeal ruling over indemnity for historic sex abuse claims
Insurance 2023-04-27 10:06 pm By Cindy Cameronne

Allianz has flagged it will appeal a ruling that found it must indemnify the Uniting Church for historic claims of sexual abuse that allegedly occurred up to four decades ago at the exclusive Sydney boys’ private school Knox Grammar.

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‘The book was covered’: ANZ fights ‘entirely novel’ ASIC case over $2.5B share placement
Trials 2023-04-26 11:18 pm By Sam Matthews

ANZ has told a court it had no obligation to disclose a $750M bailout by the underwriters of a $2.5B equity capital raising in 2015, in ASIC’s case alleging the bank breached its continuous disclosure obligations by failing to alert the market to the bailout.

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Scenic Tours can cross-examine group members in cruise class action
Class Actions 2023-04-26 10:55 pm By Cat Fredenburgh

A judge has ruled Scenic Tours can cross-examine class action members without seeking approval from referees, who will oversee a process for assessing amounts owed to them, after the tour operator mostly lost its appeal of a judgment that put it on the hook for damages to disappointed cruise goers.

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ANZ exec ‘deeply concerned’ about $2.5B share placement shortfall, court hears
Trials 2023-04-24 10:03 pm By Sam Matthews

A senior ANZ executive was “deeply concerned” by the size of the shortfall in its $2.5 billion 2015 equity capital raising, the court heard on the first day of trial in ASIC’s civil penalty case against the bank over alleged disclosure breaches.

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‘You could get a law degree in the time spent on this case’: Barrister’s fee overrun in spotlight
Business of Law 2023-04-24 11:20 pm By Christine Caulfield

A barrister’s $320,000 bill for a case initially estimated to cost $60,000 in counsel fees was at the centre of an appeals court hearing Monday, and the dispute mirrors another battle between the practitioner and his instructing solicitor involving a cost blowout of a quarter of a million dollars.

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Class action plaintiffs get same relief from limitation periods as group members: judge
Class Actions 2023-04-24 10:54 am By Cindy Cameronne

A judge has found that lead plaintiffs in a class action by commercial fishing operations against Gladstone Ports can bring new claims out of time, saying it would be “grossly inconsistent” if group members had broader limitation relief than representative parties.

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Facebook ad shows use of ‘Motherland’ trade mark, High Court told
High Court 2023-04-24 10:55 pm By Cindy Cameronne

The High Court has been asked to weigh in on whether online ads targeting Australian consumers can be the basis for a trade mark registration, in a long-running intellectual property spat between the maker of Mother Energy drinks and Vittoria Coffee over their respective ‘mother’ marks.

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