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Octaviar class action appeal ‘completely misconceived’, Full Court hears
Class Actions 2019-02-15 10:52 pm By Miklos Bolza

A judge’s decision to halt questioning about ASIC emails in a class action trial over the 2008 collapse of finance group Octaviar didn’t shut the case down, the Public Trustee of Queensland has told the Full Federal Court, calling the appeal of the class action’s dismissal “completely misconceived”.

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Halted questioning about ASIC emails warrants Octaviar class action re-trial, court hears
Class Actions 2019-02-14 9:42 pm By Miklos Bolza

Critical emails from ASIC regarding a $250 million loan facility to Octaviar Group before its 2008 collapse were not only overlooked by the Public Trustee of Queensland in its role overseeing the firm’s finances but were wrongly deemed irrelevant by the judge that heard the case, the Full Federal Court was told.

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ASIC targets AMP execs in fees for no service probe, court told
Financial Services 2019-02-08 9:13 pm By Christine Caulfield

AMP executives are the focus of the Australian Securities and Investments Commission’s investigation of the wealth management firm’s fees for no service scandal, a court heard Friday.

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Ethicon loses bid for class closure order in pelvic mesh case
Class Actions 2019-02-05 9:35 pm By Cat Fredenburgh

The judge overseeing a class action against Ethicon over allegedly faulty pelvic mesh implants has shot down the device maker’s bid for a class closure order.

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Class fights to use settlement evidence in Ethicon pelvic mesh case
Class Actions 2019-02-01 11:00 pm By Miklos Bolza

A class action against Ethicon over allegedly faulty pelvic mesh implants wants introduce confidential evidence from prior settlement negotiations as it attempts to shut down the medical device maker’s class closure application.

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AIG appeals ruling in Kaboko Mining D&O coverage dispute
Insurance 2019-01-30 3:43 pm By Christine Caulfield

AIG Australia has appealed a decision that found it’s liable for covering four former directors being sued by collapsed Kaboko Mining after a failure to repay a US$5.95 million loan allegedly led to the company’s insolvency.

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Court demands greater transparency from ASIC in AMP insurance case
Financial Services 2019-01-30 3:17 pm By Miklos Bolza

ASIC has been ordered to reveal the extent of its communications with experts that are compiling a report central to its case against AMP over alleged insurance churning by one of its former financial advisers.

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Lundbeck loses bid for damages increase in Lexapro patent case
Intellectual Property 2019-01-30 1:19 pm By Cat Fredenburgh

Denmark-based Lundbeck cannot recover damages for the alleged infringement of its Lexapro patent by generic drug companies that it dropped its claims against, a judge has found.

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Herbert Smith Freehills to represent AMP in ASIC suit over Clayton Utz docs
Business of Law 2019-01-18 9:55 pm By Cat Fredenburgh

AMP has retained Herbert Smith Freehills — one of its go-to law firms — to represent it in legal proceedings by the Australian Securities and Investments Commission seeking documents from Clayton Utz as part of an ongoing investigation of the wealth manager’s fees-for-no-service conduct.

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Judge was wrong to halt cross-examination in Octaviar class action, court hears
Class Actions 2019-01-17 9:00 pm By Miklos Bolza

A judge that dismissed an investor class action against the Public Trustee of Queensland over the failure of investment firm Octaviar Group improperly intervened in the cross-examination of one of the class’ witnesses, one of the judges that will hear an appeal of the dismissal was told.

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