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‘Australia’s largest class action’ turns to bookbuilding after common fund blow
Class Actions 2019-12-19 6:04 pm By Miklos Bolza

A planned class action by Shine Lawyers, pegged as “Australia’s largest class action,” over allegedly toxic firefighting foam at eight Commonwealth military bases won’t be filed this month and has turned to bookbuilding following a landmark High Court ruling striking down common fund orders at the outset of class actions.

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‘Only I get to use Latin’: Unconscionable conduct claim is in, ‘inter alia’ is out in Suncorp class action
Class Actions 2019-12-16 9:27 pm By Miklos Bolza

The judge overseeing a conflicted remuneration class action against Suncorp has allowed the class to bring an unconscionable conduct claim, but put the kibosh on the plaintiff’s use of the phrase ‘inter alia,’ saying “only I get to use Latin”.

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De-classing threat revived as 3A Composites slams ‘simply shambolic’ combustible cladding action
Product Liability 2019-12-16 9:25 pm By Miklos Bolza

German cladding manufacturer 3A Composites has again threatened to call for the de-classing of a class action brought over allegedly combustible cladding, slamming the case against it as “simply shambolic” and the conduct of the applicant as “utterly irresponsible”.

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Magistrate in ANZ cartel case shuts down ‘back door’ bid to expand JPMorgan witness grilling
Competition & Consumer Protection 2019-12-13 4:46 pm By Miklos Bolza

A magistrate has dismissed a bid to expand the cross examination of a JPMorgan witness in the closely watched criminal cartel case over a $2.5 billion ANZ share placement, calling it a “back door” attempt to bypass a prior court ruling.

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Queensland won’t appeal loss in floods class action
Class Actions 2019-12-13 12:29 pm By Cat Fredenburgh

The State of Queensland will not appeal a ruling that found it, as well as the operators of two Queensland dams, were negligent in the 2011 floods in the Southeast region of the state that left over 2,000 homes destroyed.

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‘I’m getting awful close to ending my life’: Magistrate despairs as ANZ cartel hearing blows out
Competition & Consumer Protection 2019-12-12 7:49 pm By Miklos Bolza

A committal hearing in the ANZ cartel case may run a further nine days next year due to ongoing arguments about subpoenas and privilege, which have derailed five planned days of cross-examination of key witnesses and led a Local Court Magistrate to proclaim she was “awful close” to ending her life.

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Banks want to grill ANZ cartel case witnesses on late evidence by ACCC
Competition & Consumer Protection 2019-12-10 6:58 pm By Miklos Bolza

The banks and executives facing criminal charges over alleged cartel conduct related to ANZ’s $2.5 billion share placement in 2015 will fight to widen their cross-examination of key ACCC witnesses after new information was brought to light in late submissions by the regulator.

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JPMorgan witness disputed existence of ANZ cartel ‘agreement’ court hears
Competition & Consumer Protection 2019-12-06 9:45 pm By Miklos Bolza

A key witness from JPMorgan previously contested claims by the ACCC that a key component of an alleged cartel arrangement between four major banks around a $2.5 billion institutional share placement by ANZ was actually an ‘agreement,’ as opposed to a series of independent decisions, a court has heard.

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JPMorgan witnesses grilled as banks seek to poke holes in ANZ cartel case
Competition & Consumer Protection 2019-12-05 9:21 pm By Miklos Bolza

Two key witnesses from JPMorgan have been grilled by lawyers for three major investments banks named in a high-stakes criminal cartel case as the banks seek to cast doubt on how the ACCC gathered evidence during its almost two-year cartel investigation.

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Judge looks out for pensioners as NAB ‘junk’ insurance class action settlement approval delayed
Class Actions 2019-12-03 2:37 pm By Miklos Bolza

A judge on Tuesday questioned how elderly group members struggling with the digital age can register in a ‘junk’ insurance class action against National Australia Bank, amid the postponement of hearing to approve the $49.5 million settlement reached in the case.

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