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Litigation funders slugged with cost of jurisdictional battle over AMP class actions
Class Actions 2019-02-27 9:21 pm By Miklos Bolza

A state judge has ordered the litigation funders behind a group of federal class actions against AMP to pay the legal costs of their failed transfer applications, saying while he could not make the applicants pay, he could compel the funders to cough up the money.

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Westpac unit RAMS breached franchise agreement, court finds
Franchises 2019-02-27 6:11 pm By Miklos Bolza

Westpac-owned mortgage lender RAMS Financial Services breached a franchise agreement by failing to supply a Brisbane-based franchisee with information about nearby broker-originated customers, a judge has found.

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NAB wasn’t powerless to alter credit card insurance policies, class says
King & Wood Mallesons 2019-02-26 9:47 pm By Cat Fredenburgh

The lead plaintiff in a class action alleging National Australia Bank pushed worthless credit card insurance onto its customers is disputing the bank’s claims that it had no power to negotiate the terms of the policies.

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Lawyers, funders brace for landmark common fund ruling this week
Analysis 2019-02-26 9:39 pm By Christine Caulfield

Judgments in two appeals challenging the legality of common fund orders issued by courts in class actions will be handed down this week, and the rulings could have a profound effect on how class actions are run by lawyers and their funders in the future.

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ACCC’s Sims says more cartel cases are coming
Competition & Consumer Protection 2019-02-26 8:49 pm By Miklos Bolza

The ACCC his hinted at what could be a record year for competition matters, with ACCC Chairman Rod Sims vowing to refer more cartel investigations for criminal prosecution and promising cases against banks and construction companies are on the horizon.

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Judge makes ‘irresistible’ order that Pitcher Partners pay $3.3M in costs over hidden error
Financial Services 2019-02-25 2:13 pm By Christine Caulfield

Pitcher Partners just found another reason to challenge a ruling that it owes $5.6 million in damages for concealing an accounting error from a client — a ruling that socks it with $3.3 million in legal costs for its “deceit”.

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Commonwealth Bank says it shouldn’t pay twice to defend two class actions
Class Actions 2019-02-25 11:54 am By Christine Caulfield

The Commonwealth Bank of Australia wants a judge to ensure it doesn’t get hit with double the cost for work defending two shareholder class actions brought by rival plaintiffs law firms.

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Law firm can’t replace uncooperative expert in KPMG class action, judge says
Financial Services 2019-02-22 4:17 pm By Cat Fredenburgh

A judge has denied law firm Piper Alderman’s request to replace an uncooperative expert witness in a class action against KPMG over a failed takeover offer, three weeks before the matter goes to trial.

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Westpac hit with class action over home loan practices
Class Actions 2019-02-21 10:26 am By Cat Fredenburgh

Westpac has been hit with a class action for allegedly breaching responsible lending laws by providing unsuitable loans, the first of the big four banks to face a class action in the wake of the banking royal commission’s scathing final report.

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ASIC foreshadows multiple criminal cases in wake of royal commission
White Collar 2019-02-19 11:00 pm By Cat Fredenburgh

ASIC has wasted no time in the wake of a critical report from the banking royal commission, reporting a 50 percent spike in investigations into financial services companies since the beginning of the month and promising a number of criminal referrals are on the horizon.

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