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Lawyers say judge has power to close class action with tweak to group member definition
Class Actions 2020-07-31 10:35 pm By Alison Eveleigh

Lawyers running a class action against recycling company Sims Metal Management say the court has power to approve their bid to amend the group member definition that will effectively close the class, but the judge overseeing the case will appoint a contradictor to represent group members in a hearing over the application.

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ASIC scores ‘narrow’ win in case against ex-Tennis Australia director
ASIC 2020-07-31 12:43 pm By Miklos Bolza

A judge has handed ASIC a “narrow” win in its action against former Tennis Australia director Harold Mitchell, tossing most of the regulator’s case and accusing it of “confirmatory bias”.

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iSignthis lawsuit fails to plead how ASX caused $27M in losses, court finds
Financial Services 2020-07-28 3:17 pm By Miklos Bolza

A lawsuit by iSignthis seeking over $27 million in damages from the ASX has been sent back for revision, after a judge found the fintech had failed to causally link how a report by the exchange led to lost contracts with five clients.

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ACCC denies acting on JPMorgan advice when sending cartel case to CDPP
Competition & Consumer Protection 2020-07-24 10:10 pm By Miklos Bolza

A senior officer from the ACCC has rejected claims that the regulator took legal advice from immunity applicant JPMorgan before launching its high profile criminal cartel case against ANZ, Citigroup and Deutsche Bank.

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ACCC accused of ‘slapdash’ decision to charge Deutsche Bank exec in ANZ cartel case
Competition & Consumer Protection 2020-07-23 6:37 pm By Miklos Bolza

A former high-ranking Deutsche Bank executive charged with involvement in an alleged cartel agreement relating to a $2.5 billion ANZ share placement claims he was dragged into the case becaused of the “incredibly slapdash” methods of the ACCC.

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ANZ accuses ACCC of ‘heavying’ cartel witnesses from JPMorgan
Competition & Consumer Protection 2020-07-22 9:15 pm By Miklos Bolza

ANZ Banking Group has slammed a decision by the ACCC to escalate concerns that one of its key cartel witnesses was not being “full and frank”, claiming this was a way to put pressure on the witness and bring his evidence into line.

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‘Not a single note’: ACCC accused of avoiding disclosure in ANZ cartel case
Competition & Consumer Protection 2020-07-21 11:18 pm By Miklos Bolza

The ACCC’s investigatory techniques have come under fire during a hearing over an alleged criminal cartel agreement between ANZ and two investment banks, with a barrister for one of the banks suggesting investigators from the regulator deliberately did not take notes during hundreds of days of witness interviews to avoid disclosure.

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JPMorgan disputed existence of cartel agreement with ANZ, court hears
Competition & Consumer Protection 2020-07-20 8:31 pm By Miklos Bolza

Despite receiving immunity in a criminal cartel case against ANZ and two other investment banks, JPMorgan has disputed the existence of any cartel agreement since the early days of the ACCC’s investigations, a court has heard.

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‘Baptism of fire’ for Herbert Smith Freehills CEO Justin D’Agostino
Exclusive 2020-07-17 2:49 pm By Miklos Bolza

Stepping into his role just as COVID-19 began its rapid spread across the globe, Herbert Smith Freehills’ recently appointed CEO Justin D’Agostino faced what he called a “baptism of fire”.

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What barristers love and loathe about their instructing solicitors
Feature 2020-07-14 8:00 pm By Miklos Bolza

When it comes to briefing barristers, solicitors lie on a spectrum of awesome to irksome. In a series of interviews with Lawyerly, some of Australia’s top counsel reveal what they like and what they don’t like about their instructing lawyers.

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