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CBA unit faces MySuper class action over delayed $3.2B funds transfer
Class Actions 2019-10-17 1:03 pm By Amelia Birnie

Commonwealth Bank subsidiary Colonial First State and former director Linda Elkins face a class action alleging the wealth management group breached its superannuation trustee duties by failing to promptly transfer $3.2 billion of default membersā€™ funds to a lower-cost, high-performing MySuper product.

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Iluka class action doesn’t need cash to put up security, judge says
Class Actions 2019-10-16 11:00 pm By Cat Fredenburgh

The applicant in a shareholder class action against Iluka Resources can put up security for the company’s legal costs by way of two insurance deeds of indemnity, but a bid to use the deeds to replace the $1.25 million it earlier paid in cash security has failed.

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Judge ‘outraged’ by terms of ACCC’s $75M dieselgate settlement with VW
Competition & Consumer Protection 2019-10-16 8:41 pm By Amelia Birnie

A judge is considering whether he can increase a record $75 million civil penalty settlement reached by Volkswagen and the ACCC over the dieselgate scandal, after saying the people of Australia would be ā€œupsetā€ if they knew about some of the ā€œoutrageousā€ terms to which the consumer watchdog had agreed.

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Judge rejects $42M Murray Goulburn class action settlement, says funder’s cut too high
Class Actions 2019-10-16 2:07 pm By Christine Caulfield

A judge has refused to sign off on a $42 million settlement of a class action against dairy giant Murray Goulburn, saying the commission sought by the funder appeared out of proportion to the risk and above the going rate.

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Dick Smith cases to be heard together, after insurance class action plaintiffs drop discontinuance bid
Class Actions 2019-10-15 11:20 pm By Amelia Birnie

A judge has ordered all proceedings against Dick Smith to be heard concurrently during a marathon three month trial, after the plaintiffs in a shareholder class action brought against the failed electronics retailerā€™s insurers aborted a fleeting bid to temporarily discontinue their case.

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Corrs retained by AMP financial planners to weigh class action
Financial Services 2019-10-15 10:44 pm By Christine Caulfield

Corrs Chambers Westgarth has been retained by the AMP Financial Planners Association to weigh a possible class action against the wealth manager over its plan to cut the number of authorised advisers and retreat from a promise to buy back their businesses at a set multiple.

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ANZ says ASIC overreaching in case over ‘periodical payment’ fees
Financial Services 2019-10-15 9:17 pm By Miklos Bolza

ANZ has rejected allegations by the financial regulator that $35 million in fees charged to customers for periodical payments between accounts was unlawful, saying the regulator’s case extended the scope of false and misleading representation claims.

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Surfstitch agrees to settle shareholder class actions, again
Class Actions 2019-10-15 3:40 pm By Cat Fredenburgh

Online fashion retailer Surfstitch has reached an in-principle settlement in two shareholder class actions, about nine months after an initial agreement to resolve the dispute derailed.

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With Full Court still out, judge vacates trial date in Vocation class action
Class Actions 2019-10-11 10:52 pm By Christine Caulfield

Awaiting a Full Court ruling in a case involving similar claims of privilege against self-incrimination by partners at another accounting giant, the judge in a consolidated class action against PricewaterhouseCoopers over its auditing of the failed Vocation has vacated the February trial date.

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‘Only briefed yesterday’: Arnold Bloch Leibler barrister raises ire in class action
Class Actions 2019-10-11 9:53 pm By Christine Caulfield

Counsel for a class action against Arnold Bloch Leibler alleging negligence over advice to Slater & Gordon has criticised the law firm’s barrister for seeking more time to file a possible dismissal application because he was “only briefed yesterday”, saying the excuse had become an all too frequent one.

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