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ASIC fights ANZ bid to stay capital raising case as cartel action hangs over bank
ASIC 2019-06-05 8:51 pm By Christine Caulfield

The Australian Securities and Investments Commission is pushing back against an application by ANZ Bank to stay the regulator’s civil penalties case over disclosures related to a $2.5 billion equity capital raising while it defends against criminal charges related to the controversial share placement.

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7-Eleven class actions launch second bid to limit communications with franchisees
Franchises 2019-06-05 3:56 pm By Miklos Bolza

After a first failed attempt, two class actions against 7-Eleven are trying again to restrict communications between the convenience store giant and franchisees ahead of a settlement approval hearing with ANZ, the bank that loaned money to store owners.

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Judges shoot down last-minute bid to amend Adani native title appeal
Appeals 2019-06-05 12:12 pm By Amelia Birnie

A group of Indigenous Australians opposed to Adani’s Carmichael coal mine in Queensland have lost an eleventh hour bid to add extra grounds to their native title appeal, as they wait for a decision from the Full Federal Court.

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Ex-Hastie Services CEO says nothing ‘dodgy’ about orders to close earnings gap
White Collar 2019-06-04 10:03 pm By Miklos Bolza

The former chief executive officer of Hastie Services has admitted to asking staff to make up for a shortfall between forecast and actual profits at the firm, but claims he made the order with the expectation it would be done legally, the jury hearing a criminal case against him was told.

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Horse vaccine class action gets chance to add sample group member to bring ‘valid’ consumer claim
Class Actions 2019-06-04 9:19 pm By Amelia Birnie

Noting the relevant three-year limitations provision was “quite unusal”, the judge overseeing a consumer class action against horse vaccine manufacturer Zoetis has given the class a chance to add a second applicant to the case, after it was revealed that part of the lead applicant’s claim was out of time. 

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Treasury Wine wins costs from solicitor’s company over stayed class action
Class Actions 2019-06-04 7:50 pm By Miklos Bolza

The Federal Court has granted Treasury Wine Estates costs of a stayed class action filed against it by a firm owned by solicitor Mark Elliott, despite a settlement in a related class action barring TWE from seeking remedies from class members.

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Botox alternatives likened to ‘iPhone accessories’ as trade mark trial kicks off
Intellectual Property 2019-06-03 11:24 pm By Amelia Birnie

In its opening submissions in a trade mark case brought by Botox maker Allergan, Australian cosmetics brand Self Care compared its used of the word Botox to describe its alternative cosmetic products to the iPhone secondary accessories market, saying its use did not imply an affiliation with the injectable wrinkle treatment’s maker.

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Piper Alderman partner rejected offer to leave on a ‘dignified basis’, court told
Business of Law 2019-06-03 9:22 pm By Amelia Birnie

A senior Piper Alderman partner who has launched a sex discrimination case against the law firm rejected “reasonable settlement offers” that would have allowed her to leave the partnership on a “dignified basis”, counsel for the firm has told a court.

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Key witness in Hastie Services execs’ trial pointed the finger to save herself, jury hears
White Collar 2019-06-03 8:50 pm By Miklos Bolza

A former finance manager from Hastie Services and key witness for the prosecution in the criminal trial against two of the company’s former executives only pointed the finger at former COO Ian Thompson to avoid jail time herself, a jury has heard.

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Judge denies costs to objector in Willmott Forest MIS class actions
Class Actions 2019-06-03 4:11 pm By Cat Fredenburgh

An investor who successfully objected to an initial settlement of four class actions over the failed Willmott Forests managed investment scheme lost a bid to have his legal costs paid by the defendants, with a judge saying the objections were not the primary basis for his refusal to sign off on the agreement.

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