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Westpac’s profits relevant, judge says in imposing $3M fees-for-no-service penalty
Financial Services 2021-07-22 9:35 pm By Christine Caulfield

Westpac has been ordered to pay $3 million after two subsidiaries admitted misleading hundreds of superannuation customers about the financial adviser fees they were charged, a penalty that took into account the Big Four bank’s massive profits.

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Allianz says joint class action would eliminate competition in contingency fee rates
Class Actions 2021-07-16 3:21 pm By Christine Caulfield

Consolidation of two consumer class actions against Allianz would do away with competition in a contest to lead a single case that would force a drop in the contingency fee rates of the rival law firms, the insurance giant has told a court.

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ACCC frowns on Smile Direct’s health care coverage claims
Johnson Winter Slattery 2021-07-13 1:25 pm By Bianca Hrovat

The Australian Competition and Consumer Commission has taken legal action against international dental care company Smile Direct Club for allegedly misleading tens of thousands of consumers with claims they would be eligible for private health insurance coverage for their aligner teeth straighteners.

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Law firms reverse course on novel alternative to beauty parade in Allianz class actions
Insurance 2021-07-13 1:13 pm By Cat Fredenburgh

Two law firms running competing class actions against insurance giant Allianz have dropped a plan to resolve the duplication by jointly running just one of the cases, opting for consolidation instead.

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$23.6M Vocation class action bill might have been ‘materially lower’, judge says
Class Actions 2021-07-23 11:09 pm By Cat Fredenburgh

A judge has approved a $50 million settlement in a shareholder class action against failed training company Vocation and auditor PricewaterhouseCoopers, but questioned whether the $10.9 million commission and $12.75 million legal bill could have been “materially lower” had the case been run by one funder and firm instead of two.

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Quintis class actions reload as insurance brawl delays settlement approval
Class Actions 2021-07-05 4:54 pm By Miklos Bolza

Two shareholder class actions against sandalwood producer Quintis that reached an in principle settlement over a year ago are moving forward following a protracted dispute over insurance, with the lead applicants getting approval to file proposed amended pleadings.

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Arrium settlement was a ‘substantial compromise’, judge says
Restructuring & Insolvency 2021-07-05 4:05 pm By Cat Fredenburgh

A settlement reached in a lawsuit by the liquidators of collapsed steel giant Arrium against 10 former company directors accused of insolvent trading has been approved by a judge, who noted that while the settlement amount was “substantial”, the deal involved a “substantial compromise”.

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BHP asks High Court to weigh in on inclusion of foreign investors in class action
Appeals 2021-07-05 11:56 am By Cat Fredenburgh

Global resources giant BHP Group is seeking special leave from the High Court to appeal a ruling that rejected its bid to exclude foreign investors from a shareholder class action over the 2015 Fundao dam disaster.

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Captain Cook College engaged in systemic unconscionable conduct, court finds
Competition & Consumer Protection 2021-07-02 11:09 pm By Cat Fredenburgh

Motivated by greed, online educator Captain Cook College engaged in a system of unconscionable conduct by enrolling thousands of students who accrued $60 million in debt but never finished their courses, a court has found.

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Why Johnson Winter & Slattery’s Andreas Piesiewicz resisted the call of the bar
Litigation Rising Stars 2021-07-01 10:23 pm By Christine Caulfield

While Johnson Winter & Slattery’s Andreas Piesiewicz is known for his advocacy and ability to hold his own in the courtroom against some of Australia’s top silks, the 39-year-old partner opted for the camaraderie of the law firm to the life of a barrister.

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