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ASIC filing puts spotlight on ANZ treasurer in $2.5B capital raising case
Securities 2018-12-05 10:50 pm By Christine Caulfield

ANZ treasurer Rick Moscati was at the centre of a flurry of phone calls and meetings with underwriters and other bank executives on the day the underwriters agreed to pick up a $791 million shortfall in a $2.5 billion capital raising, an agreement which has led to groundbreaking cases by two regulators, according to a new court document.

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As AMP royal commission witness retires, class action parade begins
Class Actions 2018-12-05 10:35 pm By Christine Caulfield

AMP’s advice executive Jack Regan, the witness who aired the firm’s fees-for-no-service dirty laundry at the Royal Commission, has retired, a day before five law firms compete to lead a class action over the scandal.

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NAB units admit to deceptive conduct in $34M fees for no service case
Financial Services 2018-12-05 10:35 pm By Miklos Bolza

Two NAB wealth management units have admitted to engaging in misleading and deceptive conduct by deducting $34.4 million in fees for services that were never provided.

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B. Braun launches appeal in IV catheter patent case
Intellectual Property 2018-12-05 12:23 pm By Christine Caulfield

Medical device maker B. Braun Melsungen is appealing a ruling that invalidated its intravenous catheter patents and dismissed allegations of infringement against rival Becton Dickinson.

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CBA open to consolidation of dual class actions
Class Actions 2018-12-04 12:11 pm By Miklos Bolza

The Commonwealth Bank of Australia is open to a proposal to consolidate two shareholder class actions filed over alleged breaches of anti-money laundering and counter-terrorism laws, but will address any “devil in the details”, a lawyer for the bank told a court Tuesday.

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MacMahon shareholders to get 36% of $6.7M class action settlement
Energy & Natural Resources 2018-11-30 10:13 pm By Christine Caulfield

Shareholders who registered for a class action against mining company MacMahon Holdings will get a $2.4 million cut of a proposed $6.7 million settlement, according to a notice sent to group members ahead of next week’s settlement approval hearing.

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Bravo can’t trade mark ‘Just Desserts’ for Top Chef spinoff
Intellectual Property 2018-11-27 3:02 pm By Cat Fredenburgh

US television giant Bravo can’t trade mark the phrase “Just Desserts” in Australia for its Top Chef reality cooking show spinoff, a sweet victory for the Seven Network, which challenged the mark. 

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ALRC’s ‘leave to proceed’ proposal slammed as de facto class certification
Class Actions 2018-11-26 1:29 pm By Cat Fredenburgh

A late proposal by the Australian Law Reform Commission to introduce a ‘leave to proceed’ mechanism into class actions has been blasted by a major litigation funder and a plaintiffs-side law firm as a de facto class certification procedure that would ramp up costs and add years of delay to cases.

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What you need to know about the GetSwift ruling
Analysis 2018-11-21 11:55 pm By Christine Caulfield

The court’s authority to shut down competing class actions is no longer in doubt after Tuesday’s Full Federal Court judgment in the case against GetSwift, and while there is no “silver bullet” when it comes to how judges must deal with multiple proceedings, there are key factors to weigh, the appeals court said. Here, experts provide the big takeaways from the landmark ruling.

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Law firms avoid courtroom showdown with novel CBA class actions deal
Class Actions 2018-11-21 11:36 pm By Cat Fredenburgh

Maurice Blackburn and Phi Finney McDonald have sidestepped a competing class action battle in the high-stakes litigation against Commonwealth Bank of Australia over alleged breaches of money laundering laws, with the firms proposing to jointly lead a consolidated class action against the bank.

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