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Nine loses appeal of $3.7M defamation award over 60 Minutes floods report
Defamation 2020-10-13 5:16 pm By Miklos Bolza

The Nine Network has lost its challenge to a $3.7 million defamation judgment awarded to a prominent Queensland family over a 60 Minutes report that implied they were to blame for a 2011 flood event that killed 12 people.

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AMP hits back at class action, says buy-out policy changes needed to avoid ‘BOLR run’
AMP 2020-10-12 2:13 pm By Christine Caulfield

Changes to AMP’s buyer of last resort policy that reduced the multiple by which the wealth management firm would purchase advisers’ client registers was necessary to protect the business from a ‘BOLR run’, a court had been told.

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Ernst & Young to be sued in class action over Slater & Gordon audits
Accounting 2020-10-09 1:55 pm By Miklos Bolza

Professional services firm EY UK has been added as a respondent in a shareholder class action against Pitcher Partners over advice given to law firm Slater and Gordon in its disastrous $1.3 billion acquisition of the UK-based Quindell in 2015, almost two years after the class action was filed.

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AFR’s Joe Aston wrote ‘nasty’ text messages about Elaine Stead, court told
Defamation 2020-10-08 10:13 pm By Christine Caulfield

Australian Financial Review columnist Joe Aston sent “very nasty” text messages about venture capitalist Elaine Stead, and any in-person mediation ahead of Stead’s defamation trial is unlikely to be worthwhile given the animosity between the pair, a court has been told.

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Lawyer raises spectre of criminal charges in Banksia class action fee scandal
Class Actions 2020-10-08 6:02 pm By Christine Caulfield

Lawyer Alex Elliott, the son of the mastermind behind an alleged fraudulent scheme by certain members of the legal team in the Banksia class action, has resisted handing over evidence in the case against him, invoking the right to silence in the face of possible criminal charges.

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Insurer may be dragged into Banksia class action after death of cost consultant
Class Actions 2020-10-08 6:01 pm By Christine Caulfield

The cost consultant joined as a defendant in the trial over alleged misconduct by the Banksia class action legal team has died, the second person implicated in the fee scandal to die this year.

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iSelect to pay $8.5M for misleading consumers about energy plans
Competition & Consumer Protection 2020-10-08 3:00 pm By Cat Fredenburgh

A court has ordered comparison website iSelect to pay $8.5 million in penalties for making misleading representations through its online electricity comparison service and pushing plans to consumers that were not necessarily best suited for them.

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Lawyer Alex Elliott was ‘de facto’ solicitor for Banksia class action, judge told
Class Actions 2020-10-06 4:09 pm By Christine Caulfield

Lawyer Alex Elliott was complicit in a plan by his late father to mislead the court and group members in the Banksia class action, to conceal conflicts of interest and to profit from the case at the expense of debenture holders, a judge has been told.

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A tale of two class actions: Helmed by same legal team, Murray Goulburn, Banksia cases chart different paths
Feature 2020-10-05 5:14 pm By Christine Caulfield

The Murray Goulburn class action run by Elliott Legal bears similarities to the Banksia class action, a case rife with scandal and offered up by opponents as proof of the problems with the class action regime. The leading lawyers were the same in both cases. In one they have abandoned any claim to their fees and have walked away from their careers. In the other they walked away with $5 million.

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Merck Sharp & Dohme settles trade mark spat with German drug company
Intellectual Property 2020-10-05 12:45 pm By Cat Fredenburgh

US drug company Merck Sharp & Dohme has settled trade mark litigation brought by German drug maker Merck KGaA alleging it violated a 1970 agreement by using the “Merck” mark in Australia.

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