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‘Horse has bolted’: Lawyer Alex Elliott waived right to silence in Banksia case, court hears
Class Actions 2020-10-15 7:10 pm By Christine Caulfield

Lawyer Alex Elliott can’t refuse to hand over evidence in the Banksia class action on the grounds of privilege against self incrimination or exposure to penalty because he waived privilege when he produced the documents to lawyers for his late father’s funder, a court has been told.

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‘Solicitors love them’: Judge rails against discovery ‘tsunami’ in class actions
Class Actions 2020-10-15 11:47 am By Miklos Bolza

The judge overseeing a class action against Westpac over superannuation fees has criticised costly discovery processes that produce a “tsunami of material”, most of which is never used at trial.

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Judge says Robodebt class action claims ‘weak’, but refuses government’s appeal bid
Class Actions 2020-10-14 9:31 pm By Miklos Bolza

A judge has refused an application by the Federal Government to appeal the expansion of the Robodebt class action pleadings despite finding the case was “troubling”, “weak” and in certain aspects “[made] no sense whatsoever”.

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S&P class action applicant wants to look at other applicant’s funding agreement
Class Actions 2020-10-13 3:27 pm By Cat Fredenburgh

One of the lead applicants in a class action against ratings giant S&P Global, which is involved in a dispute with the funder that’s backing the case, wants to look at the funding agreement signed by the class action’s other lead applicant.

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AMP hits back at class action, says buy-out policy changes needed to avoid ‘BOLR run’
AMP 2020-10-12 2:13 pm By Christine Caulfield

Changes to AMP’s buyer of last resort policy that reduced the multiple by which the wealth management firm would purchase advisers’ client registers was necessary to protect the business from a ‘BOLR run’, a court had been told.

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Ernst & Young to be sued in class action over Slater & Gordon audits
Accounting 2020-10-09 1:55 pm By Miklos Bolza

Professional services firm EY UK has been added as a respondent in a shareholder class action against Pitcher Partners over advice given to law firm Slater and Gordon in its disastrous $1.3 billion acquisition of the UK-based Quindell in 2015, almost two years after the class action was filed.

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Class members would get ‘diddly-squat’ in $1.9M Appco settlement, judge says
Class Actions 2020-10-09 1:30 pm By Cat Fredenburgh

A judge has said further investigation into the financial position of Appco Group is needed before he can sign off on a $1.9M settlement in a $65 million sham contracting class action against the fundraising company, under which litigation funder Harbour would get a 50 per cent cut and group members would recover “diddly-squat”.

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GetSwift faces scrutiny over shareholder disclosures ahead of planned Canada move
Corporate 2020-10-08 7:06 pm By Christine Caulfield

ASIC and the applicant in a class action against GetSwift have intervened in an application by the logistics provider to relocate its headquarters to Canada, aiming to ensure shareholders are aware of the potential outcomes of the regulator’s enforcement action, which include banning orders against directors Bane Hunter and Joel Macdonald.

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‘The Ben Hur of cartel class actions’: Rate-rigging case comes under attack
Competition & Consumer Protection 2020-10-08 6:37 pm By Miklos Bolza

Five investment banks facing a class action for their alleged rigging of foreign exchange rates have slammed the “unclear” and “incredibly vague” case, saying it contains “literally trillions” of possible variations of the cartel agreement allegedly entered into.

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Lawyer raises spectre of criminal charges in Banksia class action fee scandal
Class Actions 2020-10-08 6:02 pm By Christine Caulfield

Lawyer Alex Elliott, the son of the mastermind behind an alleged fraudulent scheme by certain members of the legal team in the Banksia class action, has resisted handing over evidence in the case against him, invoking the right to silence in the face of possible criminal charges.

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