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ANZ says 7-Eleven class action bid to restrict communications leaves bank ‘in limbo’
Franchises 2019-06-13 3:03 pm By Christine Caulfield

An attempt by applicants in two franchisee class actions against 7-Eleven to limit communications between the convenience store giant and group members ahead of a hearing to approve a confidential settlement with ANZ, the bank that loaned money to the franchisees, unfairly delays approval of the settlement until next year, a court has heard.

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Court approves $14.6M settlement in Ashley Services class action
Class Actions 2019-06-13 1:50 pm By Miklos Bolza

The Federal Court has approved a $14.6 million class action settlement with private training company Ashley Services, auditors Deloitte and Grant Thornton, and Holmes Management Group, with IMF Bentham set to pocket around $4.8 million for funding the litigation.

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ACCC too late to alter Pacific National undertaking, judge says
Competition & Consumer Protection 2019-06-12 11:32 pm By Cat Fredenburgh

The Australian Competition and Consumer Commission has come up short again in its challenge to Pacific National’s $205 million acquisition of competitor Aurizon’s Queensland freight terminal, with a judge shooting down the regulator’s request for a variation of Pacific’s undertaking that it will not block third parties from accessing the terminal.

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ASIC narrowly loses High Court appeal in outback book-up case
Appeals 2019-06-12 8:53 pm By Miklos Bolza

The Australian Securities and Investments Commission has narrowly lost its High Court appeal of a ruling that found the owner of a South Australian outback general store had not acted unconscionably by selling used cars through a “book-up” system.

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Westpac settles class action over alleged Ponzi scheme
Class Actions 2019-06-12 8:18 pm By Miklos Bolza

Banking giant Westpac has settled an investor class action brought by Levitt Robinson for its alleged role in an unregistered managed investment scheme.

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Bannister Law founder facing subpoena in NSW ambulance privacy class action
Class Actions 2019-06-12 1:50 pm By Miklos Bolza

A class action against the NSW government over a contractor who sold the personal details of 130 ambulance workers to personal injury law firms has flagged it may subpoena the founder and principal of Bannister Law, which purchased the confidential information.

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Maurice Blackburn denies infringing State Street IP with Fearless Girl replica
Intellectual Property 2019-06-12 1:31 pm By Christine Caulfield

Maurice Blackburn has hit back at a lawsuit by State Street Global Advisors over the law firm’s use of a replica of its Fearless Girl statue, denying it has infringed the asset manager’s intellectual property.

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In win for class, judge says promises in McMillan Shakespeare unit’s warranties were illusory
Class Actions 2019-06-11 11:13 pm By Cat Fredenburgh

Promises to pay out claims under vehicle warranties issued by a unit of car leasing giant McMillan Shakespeare were illusory because of a clause that gave the company “manifestly sweeping” discretion to reject any claim, a judge has ruled, in a victory for a class action over the allegedly worthless financial products.

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ACCC to seek $4M in refunds for Jump! swim school franchisees
Competition & Consumer Protection 2019-06-11 11:03 pm By Cat Fredenburgh

The Australian Competition and Consumer Commission will seek more than $4 million in refunds plus penalties when it takes the troubled operator of the Jump! Swim School franchise and its top executive to court for alleged violations of the Australian Consumer Law.

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ASIC loses market manipulation case against NAB contractor Whitebox
Securities 2019-06-11 4:37 pm By Miklos Bolza

The Australian Securities and Investments Commission has lost its market manipulation action against Whitebox Trading and its director Johannes Boshoff, with the court finding it was “practically impossible” that any of the trades at the centre of the case were made for an illegitimate purpose.

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