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‘Concerned’ judge wants answers from AMP on remediation program
Financial Services 2022-08-19 11:05 pm By Cindy Cameronne

A judge has raised concerns that AMP Financial Planning has not compensated customers for allegedly failing to prevent life insurance churning, directing the firm to explain the “vanishingly small” number of people who have been remediated.

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GetSwift shareholder class action settlement has ‘collapsed’, judge says
Class Actions 2022-08-17 1:12 pm By Cindy Cameronne

A judge overseeing a shareholder class action against GetSwift has said the settlement and company itself have “collapsed” after the logistics business went into liquidation and failed to make the last of the upfront payments due under the deal’s $1.5 million cash component.

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Palmer to pay McGowan’s costs of defamation row after ignoring settlement offer
Defamation 2022-08-11 11:44 pm By Cindy Cameronne

WA premier Mark McGowan has won the legal costs of running his defamation cross-claim against businessman Clive Palmer after a judge learned McGowan made a walk-away settlement offer in December last year.

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‘Not how litigation works now’: Class action over Quintis audit fights EY’s bid to silo expert
Class Actions 2022-08-11 11:26 pm By Cindy Cameronne

A shareholder class action against Ernst & Young over its alleged inflation of assets owned by sandalwood producer Quintis has argued the accounting firm should be allowed only one expert witness, who should collaborate with a competing expert chosen by the investors.

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Virgin says funder’s $5M security in investor class action ‘unsatisfactory’
Class Actions 2022-08-08 2:10 pm By Cindy Cameronne

Virgin Airlines has argued a litigation funder’s indemnity for its legal costs is not enough for it to bring a class action on behalf of bond holders over a 2019 prospectus, claiming the airline expects to spend more than $5 million defending the proceedings.

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A ‘futile exercise’: Palmer, McGowan win chump change in costly defamation battle
Defamation 2022-08-02 2:44 pm By Sam Matthews

A court has awarded Western Australia premier Mark McGowan and mining billionaire Clive Palmer paltry sums in their defamation battle, with a judge finding that Palmer suffered “very little damage” to his reputation.

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Mazda’s conduct not just ‘appalling customer service’ but unconscionable, ACCC says
Competition & Consumer Protection 2022-08-02 11:37 pm By Christine Caulfield

A judge was wrong to find that Mazda’s treatment of customers with faulty vehicles was appalling but not unconscionable, and nowhere in his ruling is there an explanation for the distinction, the consumer regulator has told an appeals court.

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SMBC sues Humm for $34M in worthless receivables linked to Forum Finance
Competition & Consumer Protection 2022-07-21 9:50 pm By Cindy Cameronne

Japanese bank SMBC has brought a $33.6M lawsuit against fintech Humm Group after its subsidiary Flexirent allegedly misled the bank about receivables under allegedly forged contracts between a Forum Group entity and Veolia Environmental Services.

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Forum Finance director to get $1.25M for legal funds, despite ‘Byzantine’ financials
Financial Services 2022-07-20 10:35 am By Sam Matthews

Bill Papas’ business partner Vince Tesoriero has won the release of $1.25 million to pay for his legal fees in Westpac’s fraud case against him, despite a judge’s finding that disclosure concerning his true financial position was “less than ideal” and included “staggering” discrepancies.

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Forum Finance director failed to disclose $150,000 in assets to court
Financial Services 2022-07-19 5:40 pm By Sam Matthews

Forum Finance director Vince Tesoriero has been caught out for failing to declare over $150,000 to the court, as he took the stand to defend evidence given about his financial position in Westpac’s fraud case against him.

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