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ANZ says ASIC overreaching in case over ‘periodical payment’ fees
Financial Services 2019-10-15 9:17 pm By Miklos Bolza

ANZ has rejected allegations by the financial regulator that $35 million in fees charged to customers for periodical payments between accounts was unlawful, saying the regulator’s case extended the scope of false and misleading representation claims.

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Surfstitch agrees to settle shareholder class actions, again
Class Actions 2019-10-15 3:40 pm By Cat Fredenburgh

Online fashion retailer Surfstitch has reached an in-principle settlement in two shareholder class actions, about nine months after an initial agreement to resolve the dispute derailed.

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Sydney Metro loses bid for Tiffany & Co chats in dispute over flagship store
Real Estate 2019-10-15 10:52 am By Miklos Bolza

High-end jewellery retailer Tiffany & Co has won its bid to block Sydney Metro from accessing privileged documents in a dispute over the compulsory acquisition of its store in Sydney’s Martin Place for the $2.7 billion Sydney Metro rail project.

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Full Federal Court reimposes ban on Prime Trust directors
White Collar 2019-10-15 12:43 am By Cat Fredenburgh

The Full Federal Court has reimposed bans against four former directors of collapsed retirement village owner Prime Trust, including former federal health minister Michael Wooldridge, following a successful High Court challenge by the Australian Securities and Investments Commission.

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Aristocrat goes ‘too far’: Konami tells court pokie patent damages should be proportional
Intellectual Property 2019-10-14 10:01 pm By Miklos Bolza

Aristocrat Technology has gone “too far” in seeking full profits from the sale of Konami Australia’s infringing pokie machines, with Konami arguing the court should calculate damages in relation to what proportion of its machines were created using components that infringe the gaming giant’s patent.

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Ex-fintech CEO wins $2.2M in damages after unlawful dismissal
Employment 2019-10-14 5:58 pm By Amelia Birnie

The former CEO of financial software firm GBST has been awarded more than $2.2 million in damages, with a court finding he was wrongfully terminated by the company amid unsubstantiated allegations of insider trading.

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Farooq Khan, other directors breached their duties in battle over Keybridge Capital, court says
Corporate 2019-10-14 4:29 pm By Amelia Birnie

Perth-based Farooq Khan has lost a key case in the battle for control over investment firm Keybridge Capital, after a judge invalidated a board decision to suspend activist investor Nicholas Bolton as CEO and terminate chair John Patton on the basis of Khan’s breach of his directors’ duties.

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With Full Court still out, judge vacates trial date in Vocation class action
Class Actions 2019-10-11 10:52 pm By Christine Caulfield

Awaiting a Full Court ruling in a case involving similar claims of privilege against self-incrimination by partners at another accounting giant, the judge in a consolidated class action against PricewaterhouseCoopers over its auditing of the failed Vocation has vacated the February trial date.

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‘Only briefed yesterday’: Arnold Bloch Leibler barrister raises ire in class action
Class Actions 2019-10-11 9:53 pm By Christine Caulfield

Counsel for a class action against Arnold Bloch Leibler alleging negligence over advice to Slater & Gordon has criticised the law firm’s barrister for seeking more time to file a possible dismissal application because he was “only briefed yesterday”, saying the excuse had become an all too frequent one.

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Election challengers subpoena ABC for Josh Frydenberg interview in front of Chinese posters
ABC 2019-10-11 9:25 pm By Miklos Bolza

Two petitioners challenging the election of Treasurer Josh Frydenberg and embattled Liberal MP Gladys Liu have subpoenaed the Australian Broadcasting Corporation and Sky News for interview footage in front of the Chinese language posters at the heart of the dispute.

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