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Prosecutors to fight witness cross-examination at ANZ cartel committal hearing
Competition & Consumer Protection 2019-07-09 11:53 am By Miklos Bolza

Prosecutors will oppose a bid by ANZ, Citigroup, and Deutsche Bank to cross-examine witnesses at the upcoming committal hearing of the criminal cartel case over ANZ’s botched $2.5 billion institutional share placement.

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Judge slammed by Full Federal Court for ‘egregious departure’ from role
Appeals 2019-07-08 10:44 pm By Christine Caulfield

The Full Federal Court has ordered a retrial in a landmark Fair Work Ombudsman case that saw the owner of a Cairns tour company sentenced to 12 months’ jail, criticizing the sentencing judge for being “sarcastic, disparaging and dismissive” of the tour operator’s evidence.

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Combustible cladding defendants may drag engineers, certifiers into class action
Class Actions 2019-07-08 8:36 pm By Amelia Birnie

German-based cladding manufacturer 3A Composites has foreshadowed potential cross claims against third party engineers and certifiers in one of two class actions brought over allegedly dangerous combustible cladding used in countless buildings across Australia.

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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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Embattled ex-Quintis boss loses $13.3M sandalwood plantation loan dispute
Restructuring & Insolvency 2019-07-08 4:22 pm By Miklos Bolza

Frank Wilson, solicitor and founder of failed sandalwood producer Quintis, has been ordered by a court to repay a $13.3 million loan used to invest in a 215 hectare Indian sandalwood plantation.

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Sims Metal class action funder to get no more than 25%, shareholders guaranteed at least half
Class Actions 2019-07-05 11:31 pm By Cat Fredenburgh

Noting the “significant and beneficial reduction” in recent funding rates, the judge overseeing a shareholder class action against recycling company Sims Metal Management has signed off on an order capping the commission of the funders at 25 per cent of any net proceeds and setting a minimum 50 per cent of any recovery for group members.

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Treasury Wine tries to claw back former exec’s $1.3M bonus
Employment 2019-07-05 10:07 pm By Amelia Birnie

Treasury Wine Estates is trying to claw back a $1.3 million share bonus paid to former managing director Peter Dixon, alleging serious misconduct relating to the intellectual property theft of highly confidential documents.

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Referee to weigh in on costs in $42M Murray Goulburn class action settlement
Class Actions 2019-07-05 9:35 pm By Cat Fredenburgh

A Federal Court judge has appointed a costs referee in a shareholder class action against two units of dairy co-op Murray Goulburn over a 2016 profit forecast revision which recently settled for $42 million.

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ACCC loses case against Woolworths over ‘eco’ plate claims
Competition & Consumer Protection 2019-07-05 9:28 pm By Amelia Birnie

The Australian Competition and Consumer Commission has lost a consumer case against Woolworths, with the Federal Court finding the supermarket giant’s  environmental claims for its line of disposable plates, bowls and cutlery were accurate, not false and misleading.

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Ex-James Estate Wines boss ‘manufactured’ evidence in $14M dispute with ANZ, court says
Restructuring & Insolvency 2019-07-05 5:24 pm By Amelia Birnie

A judge has dismissed failed winemaker David James latest bid to overturn a $14 million guarantor judgment against him and in favour of ANZ, saying much of his sworn evidence was “manufactured” and “obviously tailored to suit his case”.

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