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CBA fined $7M after judge questions if penalty has enough ‘sting’
Financial Services 2021-04-06 9:23 pm By Cindy Cameronne

A judge has slugged the Commonwealth Bank of Australia with a $7 million fine in proceedings brought by ASIC for excessive interest charged to thousands of overdraft customers, but noted the penalty amounted to profits from just six hours of operation for the Big Four bank.

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Quintis class action settlement could get $11M boost after insurers come up short
Insurance 2021-04-06 3:10 pm By Miklos Bolza

A lengthy dispute over insurance in a settled class action against sandalwood producer Quintis has been resolved, with the Federal Court rejecting a challenge by two insurers to the rectification of policies that could provide a further $11.25 million in recoveries to group members.

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Boral ruling a warning to class action lawyers to be on their best behaviour
Class Actions 2021-04-01 3:28 pm By Miklos Bolza

A judgment in a heated carriage fight between three class actions against construction giant Boral provides some guidance to law firms about conduct that could potentially compromise their case for why they should be crowned the victor in a class action beauty parade.

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No win no fee carries law firm to victory in Boral class action beauty parade
Class Actions 2021-03-31 11:13 pm By Miklos Bolza

The law firm running its class action on a no win no fee basis has been crowned the winner in a battle against two competing firms to lead a shareholder class action against construction giant Boral, in the first such judgment handed down in the wake of a High Court ruling on competing class actions.

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CBA denies fiduciary duty owed to group members in insurance ‘rort’ class action
Class Actions 2021-03-29 1:18 pm By Miklos Bolza

Two Commonwealth Bank of Australia subsidiaries have denied that they owed fiduciary duties to group members in a class action over allegedly excessive insurance premiums pushed onto customers because of commissions and other benefits to financial advisors.

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S&P may ask judge to disqualify himself from class action over ratings defects
Class Actions 2021-03-26 12:53 pm By Miklos Bolza

A judge who oversaw a 39-day trial in 2018 in multiple class actions against S&P Global may be asked by the ratings agency to step down from hearing another class action alleging systemic defects in its ratings systems.

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Linchpin Capital investors want to add insurers to class action
Class Actions 2021-03-26 12:41 pm By Christine Caulfield

A class action by investors of collapsed Linchpin Capital against the company’s former directors wants to join their insurers as defendants to the proceedings.

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Judge pushes for trial early next year in Opal Tower class action
Class Actions 2021-03-25 3:30 pm By Miklos Bolza

A judge has suggested hearing the long-running class action over the Opal Tower disaster as early as the first quarter of next year, as the court juggles three concurrent lawsuits and a slew of cross-claims over the doomed building.

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‘Troubled’ by costs in Monsanto class action, judge wants initial trial on Roundup cancer risk
Class Actions 2021-03-23 2:18 pm By Miklos Bolza

The judge overseeing a class action against Bayer-owned Monsanto has suggested a hearing by the end of the year on the cancer risks of the company’s Roundup products, saying judgment on that question would either encourage the proceedings to settle or end the case.

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‘I don’t go to court, I’m the boss’: Lawyer suing Daily Telegraph says poor hearing didn’t affect court attendance
Defamation 2021-03-17 4:31 pm By Cindy Cameronne

A Sydney criminal lawyer who alleges two Daily Telegraph articles defamed him by implying he was too old and deaf to represent clients has told a judge he doesn’t attend court much because he’s the “boss” at his law firm, not because he has suffered hearing loss. 

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