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Insurers confirm coverage of Linchpin directors in class action, ASIC case
Financial Services 2021-03-08 11:04 pm By Christine Caulfield

After months of uncertainty and a scolding from the judge about “vague” excuses, former Linchpin Capital directors facing proceedings by ASIC and a class of investors have been given assurance that their legal costs will be covered under an insurance policy.

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Avoiding ‘dangers’ of GetSwift approach, judge will jointly hear class actions over Slater & Gordon advice
Class Actions 2021-03-05 3:46 pm By Miklos Bolza

The judge overseeing two class actions over legal and accounting advice given ahead of Slater & Gordon’s disastrous Quindell acquisition has said he will hear the cases together, citing the “dangers” of the approach taken in litigation against GetSwift, which resulted in a judge being ordered to step down.

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Fuji Xerox loses bid to throw out ACCC’s case over small biz contracts
Competition & Consumer Protection 2021-03-04 7:18 pm By Cindy Cameronne

A judge has refused to summarily dismiss proceedings brought by the ACCC against office supply company Fuji Xerox over allegedly unfair contracts with small businesses.

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Viagogo wins stay of $7M penalty after evidence of COVID-19’s ‘catastrophic’ impact
Competition & Consumer Protection 2021-03-04 2:44 pm By Cindy Cameronne

Crying poor during COVID-19, Viagogo has won a temporary stay of a $7 million penalty imposed by a court that found the ticket reseller misled customers on an “industrial scale”.

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Applicant, funder must foot the bill for slew of cross-claims in dropped Pitcher Partners class action
Class Actions 2021-03-04 12:34 pm By Cat Fredenburgh

A judge has found the lead applicant and funder in a discontinued class action against Pitcher Partners over its auditing of Slater & Gordon must pay the bill for the flurry of cross-claims brought in the proceeding, but has rejecting the accounting firm’s argument that its costs should be paid on an indemnity basis.

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ACCC to sink allegations Samsung had no reasonable grounds for waterproof claims
Competition & Consumer Protection 2021-03-03 4:27 pm By Spencer Fowler Steen

The Australian Competition & Consumer Commission has retreated from its claim Samsung Electronics allegedly made false, misleading and deceptive representations when marketing the water resistant capabilities of its Galaxy smartphones without reasonable grounds.

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EY strikes back in Pitcher Partners class action over Slater & Gordon audit
Accounting 2021-03-01 2:04 pm By Spencer Fowler Steen

Professionsal services giant EY has added to the many cross-claims flying in the shareholder class action against Pitcher Partners over advice to law firm Slater & Gordon, and has alleged the accounting firm engaged in misleading or deceptive conduct and negligence and that it breached its retainer.

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Freedom Foods, Deloitte hit with second class action over $590M writedown
Class Actions 2021-02-23 4:45 pm By Miklos Bolza

Food and beverage manufacturer Freedom Foods and accounting giant Deloitte have been hit with a second class action by irate investors seeking compensation for “accounting errors” that led to a $590 million write-down in November last year.

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Viagogo seeks stay of $7M penalty, citing ‘catastrophic effect’ of COVID-19 pandemic
Appeals 2021-02-23 2:29 pm By Miklos Bolza

Ticket reseller Viagogo is seeking a stay of a $7 million penalty in litigation brought by the ACCC in light of the “catastrophic effect” of the COVID-19 pandemic, as the company appeals a court’s finding that it misled customers on an “industrial scale”.

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Banks will try to quash ‘incomprehensible’ indictment in ANZ cartel case
Competition & Consumer Protection 2021-02-22 1:26 pm By Miklos Bolza

Global investment banks and executives accused of engaging in criminal cartel conduct in relation to a $2.5 billion ANZ share placement in 2015 will seek to quash the “incomprehensible” indictment filed against them, claiming it is full of “fallacies”.

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