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Westpac gives court more reasons to uphold win in ASIC’s responsible lending case
Appeals 2019-10-07 1:41 pm By Miklos Bolza

Westpac has offered an appeals court two more reasons to affirm its victory in a closely watched responsible lending case brought by the Australian Securities and Investments Commission over almost 262,000 home loans.

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Tucker & Cowen loses second bid to dodge $17.5M Equititrust case
Legal Ethics 2019-10-07 12:00 pm By Miklos Bolza

Two name partners at law firm Tucker & Cowen have lost another attempt to dismiss a case brought against them by the receivers of failed fund manager Equititrust over $17.5 million in funds allegedly obtained by deceptive means.

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Sacked HWL Ebsworth lawyer fights to revive unfair dismissal case
Appeals 2019-10-07 11:58 am By Cat Fredenburgh

A former HWL Ebsworth special counsel has appealed a ruling that tossed his unlawful dismissal case against the firm as “trivial” and “wholly unrealistic”.

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After ASIC raises ire, judge sets down new rules for regulators in his court
ASIC 2019-10-04 10:46 pm By Christine Caulfield

ASIC and other government regulators bringing enforcement action in the docket of one Federal Court judge must abide by a strict new protocol to prevent a repeat of the corporate watchdog’s “wait and see” strategy in a case against ex-Murray Goulburn directors that came close, the judge said, to bringing the administration of justice into disrepute.

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ASIC’s belated case against ex-Murray Goulburn execs survives, but judge says never again
ASIC 2019-10-04 10:05 pm By Christine Caulfield

A judge has refused a bid by two former Murray Goulburn executives to throw out a disqualification case brought by the Australian Securities and Investments Commission, despite admonishing the corporate regulator for its delay in bringing the case and establishing a protocol for regulators filing cases in his docket.

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Insurance director’s royal commission comments create ‘forensic challenge’ in ASIC case, judge says
Insurance 2019-10-04 8:35 pm By Miklos Bolza

Comments made by the director of three firms accused of pushing life insurance onto vulnerable consumers during the banking royal commission may come back to haunt him in a civil penalties proceeding brought by the Australian Securities and Investments Commission.

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Dick Smith insurer class action plaintiffs want their own hearing
Class Actions 2019-10-04 7:37 pm By Amelia Birnie

The plaintiffs in an investor class action filed against Dick Smith’s insurers want a separate hearing from four other representative and company proceedings against the failed electronics retailer, arguing there would be only the ā€œthinnest basisā€ for concurrent proceedings if their strike out application was successful.

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Opal Tower class action defendants banned from contacting group members about settlement
Class Actions 2019-10-04 5:02 pm By Amelia Birnie

The defendants in the Sydney Opal Tower class action have been formally banned from contacting represented group members about their claims while the proceeding remains on foot, after communications were allegedly sent to apartment owners.

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‘Junk’ insurance class action to focus on whether NAB’s conduct was systemic
Class Actions 2019-10-04 4:41 pm By Miklos Bolza

The hearing for a class action against National Australia Bank over allegedly worthless credit card insurance will focus onĀ  whether the bank’s allegedly unconscionable behaviour in selling these policies was systemic or confined to individual cases.

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Nissan may face class action over Pathfinder transmission
Class Actions 2019-10-03 10:29 pm By Cat Fredenburgh

Japanese car maker Nissan is facing the threat of a class action in Australia over the continuously variable transmission in its Pathfinder sports utility vehicle, after recently settling five similar class actions in the US over the allegedly faulty transmissions.

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