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One case prevails in battle over competing Westpac AUSTRAC class actions
Class Actions 2020-05-12 11:13 pm By Christine Caulfield

A contest of two competing shareholder class actions against Westpac over millions of alleged anti-money laundering breaches has ended with one law firm and its funder bowing out.

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Judges pan lawyers for ‘disgraceful’ treatment of family shut out of Malaysia Airlines class action
Appeals 2020-05-12 9:40 pm By Alison Eveleigh

The Full Federal Court has slammed as “disgraceful” the handling of a class action claim by the family of an Australian national who was killed aboard Malaysia Airlines flight MH17, as the family appeals a decision that blocked them from participating in the settlement of the proceedings.

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Sports betting companies lose challenge to $3.8M judgment
Appeals 2020-05-12 6:41 pm By Miklos Bolza

An appeals court has dealt Classic Bet and Best Bet a loss in their challenge to a $3.8 million judgment in a contractual dispute related to the $5.95 million acquisition of the sports gambling companies by Playup in 2018.

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Bupa hit with $6M penalty over broken promises to aged care residents
Competition & Consumer Protection 2020-05-12 4:44 pm By Cat Fredenburgh

Bupa Aged Care has been ordered to pay a $6 million penalty for charging customers of its aged care facilities for services it never provided, including enhancements intended to improve the quality of life for its most vulnerable residents, such as those suffering from dementia and blindness.

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Court urges investigation into SMSF advisor’s ‘calculated deception’
Financial Services 2020-05-12 2:59 pm By Miklos Bolza

A judge will ask the NSW Attorney General to launch a criminal or regulatory investigation into a Hunter Valley-based financial advisor whose alleged fraudulent conduct led to investor losses of over $4.6 million.

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Damage to Sarah Hanson-Young’s reputation just the ‘cut and thrust of politics’, Full Court told
Defamation 2020-05-11 6:49 pm By Alison Eveleigh

Politicians are “rarely nice to each other” and go out of their way to harm the reputation of others, a lawyer for former Senator David Leyonhjelm has told the Full Court in appealing a $120,000 damages bill for defamatory comments he was found to have made about Greens Senator Sarah Hanson-Young.

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Shareholder appeals judge’s refusal to freeze AMP class action
Class Actions 2020-05-11 6:29 pm By Miklos Bolza

A NSW Supreme Court decision refusing to put a Maurice Blackburn-led shareholder class action against AMP on ice pending a High Court challenge has been appealed by the lead applicant of a competing case.

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AMP accused of poaching 11 employees from wealth management software company
Employment 2020-05-11 4:16 pm By Miklos Bolza

A software company is suing a subsidiary of AMP for breach of contract after the financial services firm allegedly induced 11 employees to jump ship after licensing its online advisor platform.

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Law firm should personally pay costs for individual pelvic mesh cases, judge says
Product Liability 2020-05-11 3:10 pm By Miklos Bolza

A judge has found that the law firm behind a plethora of pelvic mesh lawsuits filed in multiple courts should be personally hit with costs for its “keystone cop-like conduct” in handling the proceedings, but has given the firm a week to convince him otherwise.

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High Court’s scrapping of Chorley exception doesn’t extend to inhouse lawyers, judge rules
Financial Services 2020-05-11 12:36 pm By Miklos Bolza

The High Court’s abolition of the so-called Chorley exception does not apply to a party’s in-house counsel, which is still permitted to seek its own legal costs for prosecuting or defending a proceeding, a judge has found.

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