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Government can’t dodge sovereign bonds climate change class action
Climate change 2021-10-11 2:49 pm By Bianca Hrovat

A climate change activist can continue her lawsuit alleging the federal government failed to disclose the impact of climate change to investors in sovereign bonds, with a court rejecting the Commonwealth’s strike-out application.

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FWO alleges Commonwealth Bank ‘knowingly’ underpaid staff $16.4M
Employment 2021-10-11 4:09 pm By Miklos Bolza

The Fair Work Ombudsman has taken the Commonwealth Bank of Australia and CommSec to court for allegedly knowingly underpaying almost 7,500 employees over $16.4 million through the use of individual agreements.

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ASIC takes superannuation trustee Diversa to court
Financial Services 2021-10-11 4:14 pm By Bianca Hrovat

The Australian Securities and Investments Commission has launched court proceedings against superannuation trustee Diversa for allegedly failing to take appropriate action in response to a financial advisor who was under investigation.

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Day of reckoning arrives for Banksia class action lawyers
Feature 2021-10-08 10:50 pm By Christine Caulfield

It has been described as the darkest chapter in Victoria’s legal history, an exemplar of all that is terrible with class actions in Australia. A case of greedy lawyers who found their golden egg in a group of retirees who had lost their life savings, never thinking the chickens might come home to roost. Until now.

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Ex-Dick Smith CFO to appeal $43M victory for NAB
Restructuring & Insolvency 2021-10-07 6:25 pm By Miklos Bolza

Dick Smith’s former CFO will appeal a $43 million judgment in favour of National Australia Bank over his role in the retailer’s collapse.

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IOOF unit loses bid to strike out ASIC’s cybersecurity case
Privacy & Cybersecurity 2021-10-07 1:26 pm By Cindy Cameronne

IOOF unit RI Advice has lost its bid to strike out ASIC’s novel case claiming it failed to protect its clients against cybersecurity risks, but a judge has chastised the regulator for causing “needless confusion” and “wasted time”.

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Westpac to serve Forum’s Bill Papas by text message after securing Greek phone number
Financial Services 2021-10-06 12:21 pm By Miklos Bolza

Westpac will serve court documents, including a motion for contempt, on Forum founder Bill Papas by text message after securing a Greek mobile number for the absent accused fraudster, as the judge overseeing the bank’s case pulled up Papas’ former lawyer for treating his courtroom like a “suburban golf club”.

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CBA settles with former head of governance who complained of ‘excessive workload’
Employment 2021-10-06 2:57 pm By Cat Fredenburgh

The Commonwealth Bank has resolved a case brought by former head of governance and company secretary Kara Nicholls, who resigned from the bank on Tuesday as part of a settlement of her claims that the governance team was overworked and under-staffed.

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Colonial must give class action info on financial position after ‘unsatisfactory’ liability transfer
Financial Services 2021-10-05 2:11 pm By Cindy Cameronne

A judge has told a Colonial First State Investments unit to provide information about its financial position to the lead applicant in a class action and criticised the company for failing to disclose that it had transferred its liabilities after the class action was launched.

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AMP may try to stay financial planner’s lawsuit in light of BOLR class action
Financial Services 2021-10-05 1:21 pm By Miklos Bolza

AMP has flagged a potential stay of a lawsuit filed by a Sydney-based financial planner against that overlaps with a class action brought by advisors alleging they suffered financial losses from changes in the company’s buyer of last resort policy.

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