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ACCC to fight production of JPMorgan witness statements in ANZ cartel case
Competition & Consumer Protection 2021-04-22 5:02 pm By Cat Fredenburgh

The judge who vowed last year to move a criminal cartel case over a $2.5 billion ANZ share placement to trial “before we all retire” will soon weigh the ACCC’s claim for privilege over statements from JPMorgan witnesses it has been accused of pressuring during its investigation, two months after a different judge heard a still unresolved privilege fight in the long-running case.

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ATO prepared to rule out prosecuting PwC for tax offences after privilege fight
Tax 2021-04-16 2:30 pm By Miklos Bolza

The Australian Taxation Office has told a judge it would be prepared to “give comfort” to PricewaterhouseCoopers that it will not prosecute the accounting giant for tax offences relating to documents at the centre of a court battle over privilege.

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Plastic surgeon named in breast implants class action locked in legal battle with insurers
Insurance 2021-03-29 2:51 pm By Miklos Bolza

A court has ordered Avant Insurance to supply certain documents to a plastic surgeon seeking coverage for legal costs of defending a class action against The Cosmetic Institute over allegedly “incompetent” breast augmentation surgery.

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ASIC triumphs in ‘bad advice’ case against IOOF unit
Financial Services 2021-03-24 12:29 pm By Miklos Bolza

A former financial advisor employed by an IOOF unit accused of taking hefty commissions for steering investors towards risky investments contravened the financial advice provisions of the Corporations Act, a judge has found.

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Freedom Foods dispute with Blue Diamond heads to arbitration in California
Competition & Consumer Protection 2021-03-08 2:02 pm By Miklos Bolza

A legal battle in the Federal Court between Freedom Foods and Blue Diamond Growers over an almond milk licensing deal has been stayed so the parties can arbitrate their dispute in California, where the Australian Consumer Law will apply.

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Full Court to hear CUB dispute with ATO over 1,500 tax docs
Appeals 2021-03-03 10:10 am By Cat Fredenburgh

Carlton United Breweries has appealed a ruling ordering it to hand over almost 1,500 documents to the Commissioner of Taxation relating to an audit of the beer giant.

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Financial adviser drops defence in ASIC’s bad advice case against IOOF unit
Financial Services 2021-03-02 3:00 pm By Christine Caulfield

A former financial planner of IOOF unit RI Advice, who has been accused by ASIC of pocketing hefty commissions from clients steered to risky investments, has abandoned his defence on the second day of trial.

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Fair trial may not be possible for adviser targeted by ASIC in IOOF unit case, court told
Financial Services 2021-03-01 9:57 pm By Christine Caulfield

A financial adviser at the centre of ASIC’s bad advice case against an IOOF unit might mount an argument that a fair trial is not possible because of his “fulsome” answers to investigators during a compulsory examination.

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ASIC proves prescient with failure of mediation on eve of IOOF trial
Financial Services 2021-02-26 9:52 pm By Christine Caulfield

ASIC’s warning about the futility of mediation with an IOOF subsidiary has proved prophetic, with talks last week failing to resolve the regulator’s case ahead of trial starting Monday.

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New evidentiary tool on cards as 7-Eleven class action judge hears first ever oral discovery bid
Class Actions 2021-02-19 4:07 pm By Miklos Bolza

A Federal Court judge overseeing two franchisee class actions against 7-Eleven has heard a landmark application for pre-trial oral discovery that could create another tool for lawyers to source evidence otherwise blocked by confidentiality agreements.

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