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Myer stayed silent after CEO’s ‘cloud cuckoo land’ forecast, court told
Trials 2018-08-08 3:03 pm By Christine Caulfield

Myer had an obligation to correct remarks by former CEO Bernie Brookes in 2014 that the department store expected increased profits the following year, because there was no reasonable basis for the statement, a court heard Wednesday at the start of trial in a shareholder class action alleging the company breached its disclosure obligations to the market.

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High Court won’t hear Prysmian appeal of $3.5M cartel fine
Competition & Consumer Protection 2018-08-08 2:46 pm By Cat Fredenburgh

The High Court has denied Prysmian Cavi E Sistemi’s bid for special leave to appeal a $3.5 million fine for allegedly engaging in cartel conduct, a victory for the ACCC in its long-running case against the cable maker.

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Eclipx may face shareholder class action
Class Actions 2018-08-08 9:42 am By Cat Fredenburgh

Eclipx group is looking at a possible shareholder class action following recent drops in its share price after it disclosed that its published profit growth forecasts need to be revised downwards.

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Full Court questions restraint against class action lawyers
Class Actions 2018-08-07 10:21 pm By Miklos Bolza

The Full Federal Court expressed doubts Tuesday about an “unusual” and “heavy handed” order restraining lawyers leading the stayed class actions against GetSwift from advising their clients about whether to opt out of the prevailing action.

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Westpac dodges ASIC bid for rogue trader chatter
Financial Services 2018-08-07 9:46 pm By Christine Caulfield

The corporate watchdog can’t get its hands on documents detailing Westpac’s disciplinary measures against rogue traders or communications between the employees ahead of a penalty hearing in a case that found the bank attempted to influence the Bank Bill Swap Rate.

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Aristocrat mulls misleading conduct case against Ainsworth
Intellectual Property 2018-08-07 9:27 pm By Miklos Bolza

Gaming giant Aristocrat Technologies is seeking further documents from rival Ainsworth Game Technology to weigh misleading conduct and passing off claims as it mounts a potential copyright and consumer law case.

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Viterra wins Cargill sale docs after mid-trial revelation
Trials 2018-08-07 9:07 pm By Cat Fredenburgh

Cargill has been ordered to turn over what it describes as “highly confidential” documents related to the possible sale of its malt business, a new revelation in the complex trial over claims Viterra fraudulently concealed crucial information when it sold malt producer Joe White Maltings to Cargill Australia in 2013 for $420 million.

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Competing class action fix divides firms in ALRC submissions
Class Actions 2018-08-07 8:40 pm By Christine Caulfield

The “highly-controversial” battles over multiple class actions against AMP and GetSwift are just two cases in a decades-long history of class action proceedings and should not be the basis of any proposals to fix perceived gaps in courts’ powers, plaintiffs firm Slater & Gordon said Tuesday.

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ASIC to embed corporate cops in big four banks
Financial Services 2018-08-07 2:02 pm By Cat Fredenburgh

The Australian Securities and Investments Commission will get a $70.1  million boost to fight corporate wrongdoing as part of a funding package that includes a plan to embed ASIC staff in the big four banks and AMP.

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DQ’d exec appeals ruling that Gadens email was proper service
Securities 2018-08-07 12:53 pm By Cat Fredenburgh

A Perth businessman has filed an appeal of a judge’s ruling that an email forwarded by a Gadens lawyer from ASIC alerting him that he had been disqualified from serving as a director constituted proper notification.

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