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Banksia-inspired conflict of interest regulations quietly take effect
Legal Ethics 2021-12-01 3:40 pm By Miklos Bolza

Spurred by the Banksia class action scandal, the federal government has implemented new regulations requiring litigation funders to manage conflicts of interest that arise when the lawyers acting on a class action have a “material financial interest” in the funder that’s running it.

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ACCC updated policies on witnesses after ‘flawed’ bank cartel probe, court hears
Competition & Consumer Protection 2021-11-30 10:36 pm By Miklos Bolza

A senior ACCC officer was probed Tuesday on whether the competition regulator updated its guidelines for taking witness statements in July in response to criticism of investigators’ methods in the cartel probe over ANZ’s $2.5 billion share placement.

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Herbert Smith Freehills competition partner appointed ACCC commissioner
ACCC 2021-11-29 1:01 pm By Cat Fredenburgh

The Australian Competition and Consumer Commission has appointed an esteemed Herbert Smith Freehills competition partner who defeated some of the regulator’s most high-profile merger challenges to be a commissioner.

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ASIC gets time to mull class action’s bid to ring-fence $7.2M Dixon Advisory penalty
Financial Services 2021-11-25 1:59 pm By Cat Fredenburgh

A court has delayed a hearing on a bid by the applicant in a class action against Dixon Advisory to freeze a $7.2 million penalty secured by the Australian Securities and Investments Commission against the self-managed superfund provider so the corporate regulator can consider its position on the request.

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Monsanto may face claim for exemplary damages in Roundup class action
Class Actions 2021-11-22 6:45 pm By Miklos Bolza

A class action on behalf of people who claim they developed non-Hodgkin lymphoma after using Monsanto’s Roundup weed killer will argue the agrochemical giant should be hit with exemplary damages for its negligence in selling the herbicide, which the company allegedly knew caused cancer.

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Dixon Advisory class action wants court to hold penalty in ASIC case
Class Actions 2021-11-19 1:21 pm By Cat Fredenburgh

The applicant in a class action against self-managed superfund provider Dixon Advisory wants to intervene in ASIC’s proceedings, which the company agreed to resolve for $7.2 million, saying any penalty in the case should be held by the court until the resolution of the class action.

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Law firm seeks to drop two class actions on behalf of coal mine casuals
Employment 2021-11-19 5:49 pm By Miklos Bolza

A law firm that has filed seven class actions on behalf of casual coal mine workers is looking to discontinue two of those cases, after the High Court dealt them a serious blow by finding that those who work regular shifts are not entitled to paid leave and other entitlements under the Fair Work Act.

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Judge throws out challenge to funding for Queensland energy class action
Class Actions 2021-11-17 10:09 pm By Miklos Bolza

A judge has thrown out a lawsuit that argued the funding for a class action against two Queensland energy generators didn’t comply with new regulations targeting litigation funders, and said a landmark judgment that held class action funding agreements were managed investment schemes was conceptually incoherent and ripe for a Full Court challenge.

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Judge shoots down Colonial First State’s bid for warning in class action opt out notice
Class Actions 2021-11-17 9:29 pm By Bianca Hrovat

A judge has knocked back Colonial First State’s bid to warn around 100,000 group members that even if they opt out of a class action against the wealth management firm they might still be bound by the outcome of the case.

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‘Gentle’ trading in ANZ shares an individual decision by banks, ex-JPMorgan boss says
Competition & Consumer Protection 2021-11-16 6:27 pm By Cindy Cameronne

A former JPMorgan managing director has said the three investment banks at the centre of an alleged cartel made individual decisions to trade “gently” in ANZ shares but were conscious of their fellow underwriters’ risks following a botched share placement in 2015.

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