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CBA can’t throw out ‘cuckoo-smurfing’ lawsuit
Financial Services 2021-11-10 12:28 pm By Miklos Bolza

The Commonwealth Bank of Australia has failed in its bid to dismiss a case brought by customers who claim they were the victims of “cuckoo-smurfing” and had funds seized as proceeds of crime because the bank breached its anti-money laundering obligations.

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ACCC’s witness statement method ‘quite unfair’, says judge hearing cartel case
Competition & Consumer Protection 2021-11-05 9:45 pm By Christine Caulfield

The ACCC’s practice of successively refining witness statements without saving draft versions was “quite unfair”, says a judge overseeing the competition regulator’s criminal cartel case over a botched ANZ share placement.

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Ex-Tennis Australia president loses bid for $4.3M in indemnity costs against ASIC
ASIC 2021-11-05 9:04 pm By Cindy Cameronne

Former Tennis Australia president Steven Healy has lost his bid for $4.3 million in indemnity costs against ASIC over its failed case over the rights to the Australian Open, with a judge finding the regulator’s case against him had “reasonable prospects of success” before trial.

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Court strikes out Mineralogy’s ‘wholly disproportionate’ defence amendments in dispute with CITIC
Energy & Natural Resources 2021-11-05 5:46 pm By Miklos Bolza

Hong Kong-based conglomerate CITIC has successfully struck out large portions of an amended defence by Mineralogy and its owner Clive Palmer in a dispute over the $5.8 billion Sino Iron project in Cape Preston, with a judge finding the changes would create “wholly disproportionate and unnecessary” steps just two months out from trial.

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ACCC let JPMorgan lawyers review witness statement in cartel probe, court told
Competition & Consumer Protection 2021-11-04 10:42 pm By Christine Caulfield

Lawyers for JPMorgan went to the ACCC’s office to review a draft statement of the investment bank’s then managing director Jeffrey Herbert-Smith, an immunity witness for the competition regulator in its troubled criminal cartel case over an ANZ share placement, a court has heard.

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Judge slams indictment in cartel case as ‘complete shemozzle’
Competition & Consumer Protection 2021-11-03 3:41 pm By Miklos Bolza

A judge has declined to quash the indictment in a high-profile criminal case over a $2.5 billion ANZ share placement but sent prosecutors back to the drawing board to remedy its defects, calling the state of affairs “a complete shemozzle”.

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JPMorgan GC sat in on ACCC interviews despite involvement in alleged cartel, court hears
Competition & Consumer Protection 2021-11-03 9:23 pm By Miklos Bolza

JPMorgan’s general counsel for Australia and New Zealand was allowed to sit in on witness interviews during an ACCC cartel investigation into ANZ’s $2.5 billion share placement despite allegedly being involved in the cartel conduct, a judge has heard.

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IVF provider Virtus’ confidentiality claims ‘border on ridiculous’, judge says
Competition & Consumer Protection 2021-11-03 9:02 pm By Cindy Cameronne

A judge has rejected part of IVF provider Virtus Health’s bid for redactions in a recent decision from the court temporarily blocking the company from purchasing rival Adora Fertility, saying some of the confidentiality claims were “staggering” and “border on ridiculous.”

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Fees for no service class action must clarify ‘serious allegations’ against AMP
Class Actions 2021-11-02 4:27 pm By Cindy Cameronne

A judge has ordered a class action against AMP to provide more detail in its case accusing the financial services firm of failing to disclose information to shareholders about allegedly misleading ASIC and charging clients fees for no service.

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Thomson Geer to give all staff 10% pay rise
Business of Law 2021-11-01 1:21 pm By Miklos Bolza

Thomson Geer is giving all staff a 10 per cent pay bump, less than a week after Big Six law firm Gilbert + Tobin announced similar measures amid tight competition for talent in the legal market.

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