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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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Westpac wants contempt conviction against Forum’s Bill Papas but can’t find him
White Collar 2021-10-01 6:27 pm By Miklos Bolza

Westpac wants Forum Finance founder Bill Papas held in contempt of court, but the bank has hit a snag in serving its motion on the missing Papas, saying he dropped his lawyers without telling them the address of his current residence in Greece.

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AMP denies responsibility for licensees’ conduct in ASIC’s fees-for-no-service case
Financial Services 2021-10-01 8:59 pm By Cindy Cameronne

Financial services provider AMP has hit back at ASIC’s civil penalty action alleging it charged super members fees for no service, saying it was not involved in its licensees’ contraventions.

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Managed investment scheme rules stall $78M class action against NAB, Walton
Class Actions 2021-09-30 12:40 pm By Miklos Bolza

A $78 million class action against National Australia Bank and Walton Construction seeking compensation for sub-contractors after the company’s collapse has halted as lawyers scramble to comply with the managed investment scheme requirements for funded class actions implemented by the Morrison government.

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