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Ernst & Young strikes back in Quintis class action
Class Actions 2019-06-14 9:42 pm By Cat Fredenburgh

Ernst & Young, which has been named in a class action over its auditing of sandalwood producer Quintis, has filed cross-claims alleging Quintis should pick up the tab for any liability it may face in the proceedings.

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AIG loses appeal over insolvency exclusion in Kaboko Mining D&O policy
Insurance 2019-06-14 9:13 pm By Cat Fredenburgh

AIG Australia has failed to convince the Full Federal Court that an insolvency exclusion in a directors and officers policy held by Kaboko Mining should exempt it from covering claims brought by the collapsed mining company against four former executives after a failure to repay a US$5.95 million loan allegedly led to the company’s insolvency.

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$1.1M settlement in Quaker Hill Nursing Home class action wins court approval
Class Actions 2019-06-14 2:04 pm By Miklos Bolza

A court has given the green light to a $1.1 million class action settlement with the owners of Sydney’s Quakers Hill Nursing Home over a fire deliberately lit by one of its employees in 2011.

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Commonwealth planning High Court appeal of Navy class action revival
Appeals 2019-06-14 1:44 pm By Miklos Bolza

The Commonwealth of Australia is preparing a special leave application to the High Court challenging a NSW Court of Appeal decision reviving a class action brought on behalf of sailors over an allegedly broken Navy training promise.

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Spain to claim sovereign immunity in suit over $392M arbitration award
Arbitration 2019-06-13 7:57 pm By Miklos Bolza

The Kingdom of Spain is contesting attempts to enforce two arbitration awards worth $392 million in the Federal Court, claiming sovereign immunity as it attempts to shut the proceedings down.

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Judge allows expanded insurance class action against NAB
Class Actions 2019-06-13 3:07 pm By Christine Caulfield

A judge has granted a bid by the applicant in a class action against National Australia Bank over the sale of allegedly worthless credit card insurance to include customers who took out personal loan insurance, in a ruling that could significantly expand the case.

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ANZ says 7-Eleven class action bid to restrict communications leaves bank ‘in limbo’
Franchises 2019-06-13 3:03 pm By Christine Caulfield

An attempt by applicants in two franchisee class actions against 7-Eleven to limit communications between the convenience store giant and group members ahead of a hearing to approve a confidential settlement with ANZ, the bank that loaned money to the franchisees, unfairly delays approval of the settlement until next year, a court has heard.

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Court approves $14.6M settlement in Ashley Services class action
Class Actions 2019-06-13 1:50 pm By Miklos Bolza

The Federal Court has approved a $14.6 million class action settlement with private training company Ashley Services, auditors Deloitte and Grant Thornton, and Holmes Management Group, with IMF Bentham set to pocket around $4.8 million for funding the litigation.

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ACCC too late to alter Pacific National undertaking, judge says
Competition & Consumer Protection 2019-06-12 11:32 pm By Cat Fredenburgh

The Australian Competition and Consumer Commission has come up short again in its challenge to Pacific National’s $205 million acquisition of competitor Aurizon’s Queensland freight terminal, with a judge shooting down the regulator’s request for a variation of Pacific’s undertaking that it will not block third parties from accessing the terminal.

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ASIC narrowly loses High Court appeal in outback book-up case
Appeals 2019-06-12 8:53 pm By Miklos Bolza

The Australian Securities and Investments Commission has narrowly lost its High Court appeal of a ruling that found the owner of a South Australian outback general store had not acted unconscionably by selling used cars through a “book-up” system.

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