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‘Only I get to use Latin’: Unconscionable conduct claim is in, ‘inter alia’ is out in Suncorp class action
Class Actions 2019-12-16 9:27 pm By Miklos Bolza

The judge overseeing a conflicted remuneration class action against Suncorp has allowed the class to bring an unconscionable conduct claim, but put the kibosh on the plaintiff’s use of the phrase ‘inter alia,’ saying “only I get to use Latin”.

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Magistrate in ANZ cartel case shuts down ‘back door’ bid to expand JPMorgan witness grilling
Competition & Consumer Protection 2019-12-13 4:46 pm By Miklos Bolza

A magistrate has dismissed a bid to expand the cross examination of a JPMorgan witness in the closely watched criminal cartel case over a $2.5 billion ANZ share placement, calling it a “back door” attempt to bypass a prior court ruling.

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‘I’m getting awful close to ending my life’: Magistrate despairs as ANZ cartel hearing blows out
Competition & Consumer Protection 2019-12-12 7:49 pm By Miklos Bolza

A committal hearing in the ANZ cartel case may run a further nine days next year due to ongoing arguments about subpoenas and privilege, which have derailed five planned days of cross-examination of key witnesses and led a Local Court Magistrate to proclaim she was “awful close” to ending her life.

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Lehman liquidator files $40M lawsuit against Fitch following class action discovery
Class Actions 2019-12-12 1:12 pm By Cat Fredenburgh

The Australian liquidator of Lehman Brothers has filed a lawsuit seeking $40 million from Fitch Ratings for assigning too-rosy ratings to toxic financial products sold by the bank, following the discovery of a hidden table in Fitch’s rating model by the lawyers leading a now-settled class action against the accounting firm.

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APRA puts conditions on CBA unit Avanteos after charging fees to dead clients
Financial Services 2019-12-11 11:16 pm By Christine Caulfield

CBA subsidiary Avanteos Investments Limited has been hit with extra conditions on its superannuation licence by the Australian Prudential Regulation Authority after it was revealed the investment management firm charged fees to thousands of deceased superannuation members.

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Westpac asks High Court to hear personal advice case
Financial Services 2019-12-11 11:08 pm By Cat Fredenburgh

Westpac has filed a special leave application with the High Court seeking further clarity on the line between personal and general advice under financial services laws, after an appeals court handed ASIC a significant win in finding the bank violated its duty to act in its customers’ best interests during a superannuation rollover campaign.

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Banks want to grill ANZ cartel case witnesses on late evidence by ACCC
Competition & Consumer Protection 2019-12-10 6:58 pm By Miklos Bolza

The banks and executives facing criminal charges over alleged cartel conduct related to ANZ’s $2.5 billion share placement in 2015 will fight to widen their cross-examination of key ACCC witnesses after new information was brought to light in late submissions by the regulator.

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AUSTRAC case against Westpac speeds towards penalty hearing
Financial Services 2019-12-09 9:44 pm By Miklos Bolza

AUSTRAC’s lawsuit against Westpac over 23 million alleged breaches of money laundering and counter-terrorism laws is racing towards a possible February penalty hearing, with the bank largely in agreement with the regulator on its liability.

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JPMorgan witness disputed existence of ANZ cartel ‘agreement’ court hears
Competition & Consumer Protection 2019-12-06 9:45 pm By Miklos Bolza

A key witness from JPMorgan previously contested claims by the ACCC that a key component of an alleged cartel arrangement between four major banks around a $2.5 billion institutional share placement by ANZ was actually an ‘agreement,’ as opposed to a series of independent decisions, a court has heard.

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ISignthis sues ASX over suspension, says exchange went ‘looking for a problem’
Securities 2019-12-05 11:22 pm By Cat Fredenburgh

Melbourne-based fintech company ISignthis is taking the Australian Stock Exchange to court for refusing to lift the suspension of its shares and allegedly digging for confidential information to “find a problem”.

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