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Judge tells AMP units to cooperate in superannuation class action
Class Actions 2019-12-18 7:24 pm By Miklos Bolza

A judge overseeing a consolidated class action against four AMP subsidiaries and two trustees over allegedly excessive superannuation fees has ordered the respondents to coordinate after the lead applicants raised concerns about duplication of work.

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Westpac hit with first class action over AUSTRAC scandal
Financial Services 2019-12-18 1:12 pm By Cat Fredenburgh

Westpac is facing a class action on behalf shareholders in three countries over its alleged anti-money laundering and counter-terrorism financing breaches and disclosures.

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NAB faces ASIC wrath with second fees for no service case
Financial Services 2019-12-17 11:49 pm By Cat Fredenburgh

The Australian Securities and Investments Commission has taken legal action against National Australia Bank alleging thousands of violations of the law through its fees for no service conduct, exposing the bank to the risk of significant penalties.

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APRA begins probe of Westpac over ‘substantial gaps in risk governance’
Financial Services 2019-12-17 3:31 pm By Cat Fredenburgh

The Australian Prudential Regulation Authority has flagged potentially “substantial gaps in risk governance” by Westpac as it formally kicked off an investigation into the bank and its executives for potential breaches of the Banking Act.

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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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