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ASIC drops market manipulation appeal against NAB contractor Whitebox
Securities 2019-08-12 3:36 pm By Amelia Birnie

ASIC has abandoned its market manipulation case against National Australia Bank contractor Whitebox Trading, just over a month after the financial regulator decided to appeal the Federal Court’s primary decision to throw out their case.

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‘Dangerous proposition’: Judge refuses early liability determination in Dick Smith insurer class action
Class Actions 2019-08-12 1:34 pm By Amelia Birnie

The plaintiffs in an investor class action brought against the insurers of Dick Smith have lost an early bid to determine the viability of their claim, amid concerns that the total value of five separate cases against the failed retailer will exhaust the $300 million limit of two insurance policies.

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Surfstitch, shareholders to make ‘last, final attempt’ at class action settlement
Class Actions 2019-08-09 8:07 pm By Amelia Birnie

The parties in two shareholder class actions brought against online fashion retailer Surfstitch will make one “last, final attempt” to resolve the proceedings in mediation after a proposed settlement was thwarted by a judge last year, a court heard Friday.

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Investors set to get 40% of settlement in class action against Westpac’s BankSA
Class Actions 2019-07-19 3:12 pm By Christine Caulfield

Group members in a recently settled class action against Westpac unit BankSA over its conduct in connection with convicted Ponzi schemer Michael Samra are expected to get 40 per cent of the confidential settlement, a result a judge said wasn’t as bad as he might have feared.

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Shifting sands: orders for defendants to produce insurance policies in class actions
Expert Insights 2019-07-17 11:22 pm By Cat Fredenburgh

We have started to see the Federal Court use its discretionary powers in respect of class actions to order defendants to disclose their insurance policies to plaintiffs. The emergence of these disclosure orders is an example of the flexible and pragmatic approach increasingly being adopted by the Federal Court in class actions, say Johnson Winter & Slattery’s Frances Dreyer and Nicholas Briggs.

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Liquidator admits ‘significant deficiencies’ and agrees to 10-year ban
Restructuring & Insolvency 2019-07-17 10:07 pm By Miklos Bolza

Veritas Advisory liquidator David Iannuzzi has admitted to “quite significant deficiencies” in his conduct as a liquidator and agreed to a 10-year ban from serving as an insolvency practitioner.

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Former Dick Smith execs may seek to vacate trial date if cross claims filed
Class Actions 2019-07-12 9:18 pm By Amelia Birnie

Two former executives of Dick Smith may seek to vacate an upcoming trial date for two class actions against the failed retailer, after recently being hit with cross claims by the company’s former auditor, Deloitte.

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Dick Smith insurers face class action over IPO-related policy
Class Actions 2019-07-08 4:43 pm By Miklos Bolza

Allianz and a number of other insurers of Dick Smith are now facing a class action over the extent of coverage under an insurance policy for the collapsed electronics retailer’s initial public offering.

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Westpac unit settles class action over Samra Ponzi scheme
Class Actions 2019-07-03 3:50 pm By Cat Fredenburgh

Westpac unit BankSA has reached an agreement to settle a class action alleging it failed to detect the fraud of convicted Ponzi schemer Michael Samra.

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ASIC appeals ruling in market manipulation case against NAB contractor Whitebox
Securities 2019-06-28 11:39 pm By Cat Fredenburgh

The Australian Securities and Investments Commission is challenging the dismissal of its enforcement action against  National Australia Bank contractor Whitebox Trading and sole director Johannes Boshoff, which accused them of market manipulation that resulted in a spike in the price of securities on the ASX-200 index in October 2012.

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