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Contradictor in 7-Eleven class action backs court’s power to make CFOs
Class Actions 2020-10-20 3:51 pm By Miklos Bolza

A contradictor appointed in two class actions against 7-Eleven will argue before the Full Federal Court that the court has power both in equity and under the Federal Court of Australia Act to make common fund orders in class actions on settlement or judgment.

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Judge fines NAB $15M, questions ASIC’s ‘introducer’ investigation
Financial Services 2020-10-19 6:01 pm By Miklos Bolza

A judge has slapped National Australia Bank with a $15 million penalty over its scandal-ridden home loan introducer program but slammed ASIC’s investigation into the program, saying there was no “real regulatory desire to pursue a thorough investigation as to what in truth occurred”.

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Chubb wouldn’t want survival of Opal Tower concrete specialist on conscience, judge says
Insurance 2020-10-16 2:39 pm By Miklos Bolza

The chief judge of the Federal Court has told Chubb Insurance to consider whether it wants to be held responsible for the commercial viability of Evolution Precast Systems, which has been denied coverage over the ill-fated Opal Tower and faces myriad legal claims.

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‘Solicitors love them’: Judge rails against discovery ‘tsunami’ in class actions
Class Actions 2020-10-15 11:47 am By Miklos Bolza

The judge overseeing a class action against Westpac over superannuation fees has criticised costly discovery processes that produce a “tsunami of material”, most of which is never used at trial.

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Judge says Robodebt class action claims ‘weak’, but refuses government’s appeal bid
Class Actions 2020-10-14 9:31 pm By Miklos Bolza

A judge has refused an application by the Federal Government to appeal the expansion of the Robodebt class action pleadings despite finding the case was “troubling”, “weak” and in certain aspects “[made] no sense whatsoever”.

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Class members would get ‘diddly-squat’ in $1.9M Appco settlement, judge says
Class Actions 2020-10-09 1:30 pm By Cat Fredenburgh

A judge has said further investigation into the financial position of Appco Group is needed before he can sign off on a $1.9M settlement in a $65 million sham contracting class action against the fundraising company, under which litigation funder Harbour would get a 50 per cent cut and group members would recover “diddly-squat”.

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AFR’s Joe Aston wrote ‘nasty’ text messages about Elaine Stead, court told
Defamation 2020-10-08 10:13 pm By Christine Caulfield

Australian Financial Review columnist Joe Aston sent “very nasty” text messages about venture capitalist Elaine Stead, and any in-person mediation ahead of Stead’s defamation trial is unlikely to be worthwhile given the animosity between the pair, a court has been told.

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GetSwift faces scrutiny over shareholder disclosures ahead of planned Canada move
Corporate 2020-10-08 7:06 pm By Christine Caulfield

ASIC and the applicant in a class action against GetSwift have intervened in an application by the logistics provider to relocate its headquarters to Canada, aiming to ensure shareholders are aware of the potential outcomes of the regulator’s enforcement action, which include banning orders against directors Bane Hunter and Joel Macdonald.

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Fifty horse owners saddle up for credibility attack at Zoetis class action trial
Class Actions 2020-10-07 3:54 pm By Miklos Bolza

Fifty horse owners may face cross-examination regarding adverse effects allegedly caused by Zoetis’ Hendra virus vaccine, with the company warning a four-week hearing scheduled to begin in March may be insufficient to deal with the horse owners’ evidence.

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ASIC conflated conduct of GetSwift founders, court told
Securities 2020-09-30 9:39 pm By Christine Caulfield

ASIC’s case against GetSwift and its founders Joel Macdonald and Bane Hunter makes accusations against both directors but relies on alleged conduct by only Hunter, a lawyer for Macdonald has told a court on the last day of trial in the corporate regulator’s case.

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