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Shareholders fail to prove loss from Babcock & Brown disclosure breaches
Financial Services 2021-09-06 11:49 am By Christine Caulfield

Shareholders of the collapsed Babcock & Brown have failed in their challenge to a ruling tossing their cases for damages for disclosure breaches during the global financial crisis, with an appeals court finding the investors had not shown the breaches caused any loss.

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$19.6M legal bill in 7-Eleven class actions doesn’t warrant contradictor, court told
Class Actions 2021-08-24 4:15 pm By Cindy Cameronne

A $19.6 million legal bill racked up by the law firm behind two 7-Eleven class actions accusing the convenience store chain of misleading franchisees did not warrant the appointment of a contradictor to a hearing seeking approval of a $98 million settlement, a court has heard.

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Banks lose cases against directors over $2.8B collapse of steel giant Arrium
Restructuring & Insolvency 2021-08-17 12:15 pm By Christine Caulfield

A judge has dismissed two cases brought by the Commonwealth Bank, Westpac and other lenders against directors of the failed steel giant Arrium, saying he was not satisfied the directors’ representations on loan drawdown notices were false or that the company was insolvent when it went into voluntary administration in April 2016.

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Oaktree unit must join Marlin’s shareholders to $135M breach of warranty case
Corporate 2021-08-11 6:34 pm By Cindy Cameronne

A unit of Oaktree Capital Management has been ordered to join all former shareholders of consumer brand wholesaler Marlin Brands as defendants in a case over the investment giant’s $200 million acquisition of the company that alleges fraud or wilful deceit on the part of the sellers.

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Crane maker NQCranes blasts ACCC’s ‘bizarre’ new claims in cartel case
Competition & Consumer Protection 2021-07-26 5:26 pm By Christine Caulfield

Queensland crane company NQCranes wants to strike out the bulk of the ACCC’s amended case alleging a conspiracy with a multinational rival to divide the Brisbane and Newcastle markets, saying there was no evidence of the regulator’s new allegations of a second cartel agreement.

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ACCC launches action against milk processor Lactalis for dairy code breaches
Competition & Consumer Protection 2021-07-26 3:40 pm By Christine Caulfield

The ACCC has brought Federal Court action against major milk processor Lactalis Australia, the regulator’s first case for breaches of the dairy code of conduct.

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Law firm Levitt Robinson agrees to take down Google ads for Aveo class action
Class Actions 2021-07-23 2:41 pm By Miklos Bolza

Law firm Levitt Robinson has agreed to remove a series of Google ads promoting a class action against retirement home provider Aveo Group on behalf of residents over changes to the terms on which they could re-sell their units.

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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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