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Equititrust settlement with KPMG approved after no objections to funder taking all
Restructuring & Insolvency 2019-06-28 9:04 pm By Amelia Birnie

A court has approved a settlement between the liquidators of failed fund manager Equititrust and auditor KPMG, after not a single objection was raised by unitholders or creditors who won’t receive anything after the entire amount is paid to the funder.

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Incentive-based funding commission dropped in IAG insurance class action
Class Actions 2019-06-28 12:48 pm By Amelia Birnie

The funder backing the IAG add-on insurance class action has agreed to a fixed 25 per cent commission, after the plaintiff copped criticism from a judge for the largely redacted funding agreement which called for lower rates if the case settled by a certain date.

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Commonwealth Bank agrees to enforceable undertaking after privacy breaches
Privacy & Cybersecurity 2019-06-27 9:49 pm By Christine Caulfield

The Commonwealth Bank must overhaul its privacy practices as part of a court-enforceable undertaking with the Australian Information Commissioner following two data breaches.

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Optus hit with fresh lawsuit over NBN rollout marketing
Competition & Consumer Protection 2019-06-27 8:06 pm By Amelia Birnie

The consumer watchdog has issued fresh proceedings against Optus over its National Broadband Network marketing, alleging the telecommunications giant sent a misleading email to consumers just two days after it copped a $1.5 million penalty for similar conduct.

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A2 Milk takes Lion Dairy to court over ‘True A2’ trade mark
Intellectual Property 2019-06-27 2:07 pm By Cat Fredenburgh

The A2 Milk Company is appealing a ruling that granted rival Lion Dairy’s opposition to its application to trade mark the phrase ‘True A2″ for its milk products, as it combats efforts by other milk companies to block it from using marks that allegedly imply its products have unique characteristics.

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Palla Pharma to pay $1.125M to settle lawsuit over codeine poppy patents
Intellectual Property 2019-06-27 11:57 am By Cat Fredenburgh

Poppy processor Palla Pharma has agreed to pay $1.125 million to rival Tasmanian Alkaloids t0 settle a lawsuit alleging infringement of two innovation patents for high codeine-concentrated poppy.

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ACCC appeals loss in case over Pacific National, Aurizon terminal deal
Competition & Consumer Protection 2019-06-27 9:58 am By Christine Caulfield

The Australian Competition and Consumer Commission is appealing the dismissal of its case over Pactific National’s purchase of Aurizon’s Acacia Ridge Terminal in Queensland, challenging the Federal Court’s power to accept Pacific National’s last-minute promise to ensure access to the major freight terminal by competitors.

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Lawyer tries to question costs in Sirtex class action settlement
Class Actions 2019-06-26 8:21 pm By Amelia Birnie

A self-described “vigilant lawyer against big companies” has attempted to make submissions regarding the costs incurred in the Sirtex shareholder class action settlement, with legal fees and funders’ commissions chewing up half of the $40 million settlement figure. Maurice Blackburn took the lead after two shareholder class actions relating to the biotech company’s revised sales…

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Third time unlucky: Mortgage firm loses another bid to stifle derivative suit over Macquarie sale
Securities 2019-06-26 2:25 pm By Amelia Birnie

An appeals court has dismissed a third attempt by directors of mortgage aggregator Connective Group to stifle a shareholder’s derivative lawsuit over a restructure that allowed the sale of 25 per cent of its business to Macquarie Bank.

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AMP hit with second class action over ‘excessive’ superannuation fees
Class Actions 2019-06-26 2:08 pm By Cat Fredenburgh

AMP is a facing a second class action for allegedly charging excessive fees on more than two million superannuation accounts, setting up another potential class action beauty pageant.

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