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Fonterra may bring counter-claims in class action over milk prices
Class Actions 2020-08-07 5:18 pm By Miklos Bolza

Fonterra could bring counter-claims against dairy farmers that brought a class action alleging they were unpaid when the company slashed milk prices in 2016, a court has heard, after debt recovery proceedings by Fonterra against the lead applicants were joined with the class action.

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ASIC spent $1.8M on failed Westpac responsible lending case
Financial Services 2020-08-07 4:56 pm By Miklos Bolza

The Australian Securities and Investments Commission spent over $1.8 million in taxpayer funds investigating and prosecuting its now failed responsible lending case against Westpac.

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Unique legal carve out could see NAB class action moved to Federal Court
Class Actions 2020-08-07 4:50 pm By Alison Eveleigh

The lead applicant in a class action against two National Australia Bank units for alleged superannuation mismanagement wants the proceedings moved to the Federal Court over concerns the matter cannot run in the Victorian Supreme Court due to a unique statutory carve out.

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Deloitte faces age discrimination case by 63-year-old partner
Employment 2020-08-06 10:47 pm By Christine Caulfield

A 63-year-old partner of Deloitte Touche Tohmatsu is suing the accounting giant and CEO Richard Deutsch alleging the firm’s mandatory retirement policy is discriminatory and has cost him almost $4 million.

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Maurice Blackburn didn’t breach obligations by filing new TWE class action
Class Actions 2020-08-06 8:27 pm By Miklos Bolza

Maurice Blackburn did not breach its obligations by using material from a now settled class action against Treasury Wine Estates to draft new class action pleadings against the wine maker, a court has found.

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ANZ, CBA can’t escape US rate-rigging class action
Financial Services 2020-08-06 4:21 pm By Miklos Bolza

Australia and New Zealand Banking Group and Commonwealth Bank of Australia have lost a third attempt to escape a rate-rigging class action in the US, with a judge calling the banks’ arguments unpersuasive.

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Resort villa owners to file strike out bid of Clive Palmer lawsuit
Class Actions 2020-08-06 4:01 pm By Miklos Bolza

Villa owners of the ill-fated Palmer Coolum Resort have flagged an impending strike out bid of a lawsuit brought by Clive Palmer, in which the mining magnate seeks to prevent the owners supporting a separate class action against him.

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Hytera can’t ‘repackage’ deputy director as lay witness to avoid evidence rules on relevance
Intellectual Property 2020-08-06 3:39 pm By Miklos Bolza

A judge has found that Hytera Communications cannot “repackage” evidence given by one of its deputy directors to avoid rules about opinion evidence while defending a copyright infringement case by Motorola Solutions.

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Judge won’t recuse himself from Vannin Capital fight with Palmer companies
Restructuring & Insolvency 2020-08-06 3:32 pm By Alison Eveleigh

A judge has refused to recuse himself from a stoush between litigation funder Vannin Capital and Clive Palmer’s companies over the appointment of a barrister in a claim springing from the long-running Queensland Nickel liquidation case.

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BNY Mellon unit convicted in first criminal case over handling of client money
White Collar 2020-08-05 10:32 pm By Cat Fredenburgh

Bank of New York Mellon unit Pershing has become the first company in Australia to be convicted of criminal charges for breaching regulations requiring AFSL licensees to keep client money in separate bank accounts.

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