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After settlement rejected, ASIC takes Westpac case to trial
Financial Services 2018-12-10 1:59 pm By Miklos Bolza

The corporate cop’s case against Westpac over allegedly irresponsible lending practices will go to trial after the Federal Court rejected the bank’s $35 million settlement.

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Hastie liquidators offer to settle with builders over $124M in unpaid bills
Construction 2018-12-07 7:58 pm By Christine Caulfield

Hastie Group’s liquidators have offered to drop their $124 million case against two dozen major builders if the companies agree to pay an undisclosed sum toward their unpaid bills, a court heard Friday.

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Glencore in-house counsel wins access to ‘highly confidential’ deal docs, again
Corporate 2018-12-06 10:39 pm By Cat Fredenburgh

The judge overseeing a fraudulent concealment trial over Cargill’s $420 million purchase of the Joe White malt business has reaffirmed an earlier ruling allowing an in-house counsel at Glencore to access documents related to the possible sale of Cargill’s malting business.

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ASIC filing puts spotlight on ANZ treasurer in $2.5B capital raising case
Securities 2018-12-05 10:50 pm By Christine Caulfield

ANZ treasurer Rick Moscati was at the centre of a flurry of phone calls and meetings with underwriters and other bank executives on the day the underwriters agreed to pick up a $791 million shortfall in a $2.5 billion capital raising, an agreement which has led to groundbreaking cases by two regulators, according to a new court document.

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Queensland flood class can add evidence after ‘trial by ambush’
Class Actions 2018-12-04 1:37 pm By Cat Fredenburgh

A judge overseeing the marathon hearing in the class action over the 2011 Queensland floods has allowed the lead applicant to submit further evidence after it claimed defendant Seqwater engaged in “trial by ambush”.

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Sandoz infringed expired Lexapro patent, judge rules
Intellectual Property 2018-11-29 1:48 pm By Christine Caulfield

Generic drug maker Sandoz has been found liable for patent infringement and misleading and deceptive conduct in a case by pharmaceutical giant Lundbeck over its blockbuster antidepressant Lexapro, ending a battle that has raged for 15 years.

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Art collectors won’t get their day in court against failed auction house Mossgreen
Restructuring & Insolvency 2018-11-28 3:22 pm By Cat Fredenburgh

The judge overseeing the complex liquidation of failed auction house Mossgreen has denied leave to proceed to vendors who received nothing from the sale of their art collections.

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Trivago admits it breached consumer law with hotel rankings
Competition & Consumer Protection 2018-11-28 1:01 pm By Cat Fredenburgh

Hotel booking aggregator Trivago has admitted it may have misled consumers into believing they would find the lowest hotel rate on an initial search of its site and that it had breached the Australian Consumer Law.

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ALRC’s ‘leave to proceed’ proposal slammed as de facto class certification
Class Actions 2018-11-26 1:29 pm By Cat Fredenburgh

A late proposal by the Australian Law Reform Commission to introduce a ‘leave to proceed’ mechanism into class actions has been blasted by a major litigation funder and a plaintiffs-side law firm as a de facto class certification procedure that would ramp up costs and add years of delay to cases.

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Surfstitch judge says court can’t drop opt-out notice to class
Class Actions 2018-11-16 11:23 pm By Cat Fredenburgh

A judge has rejected a bid by the applicants in two shareholder class actions against online fashion retailer Surfstitch to push forward with a proposed settlement of the cases without an opt-out notice to group members.

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