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Court OKs derivative suit against Pacific Current directors over merger
Securities 2020-02-25 11:35 pm By Cat Fredenburgh

A Pacific Current shareholder has won court approval to bring a derivative lawsuit against certain current and former directors of the funds management company for allegedly breaching their duty of care and diligence in relation to the company’s 2014 merger with US-based Northern Lights Capital Group.

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Judge spots ‘fundamental flaw’ in NAB insurance class action settlement
Class Actions 2020-02-25 10:25 pm By Miklos Bolza

A judge has questioned whether he should sign off on a $49.5 million settlement in a class action against National Australia Bank over allegedly worthless credit card insurance, which he said had a “fundamental flaw” because it did not contain a provision automatically cancelling group members’ policies.

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ACCC’s Rod Sims says more competition cases in the pipeline
Competition & Consumer Protection 2020-02-25 8:57 pm By Alison Eveleigh

The ACCC has revealed that it will bring at least four new competition cases this year, with chairman Rod Sims also promising that the regulator could pick up the pace when it comes to launching proceedings.

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Former analyst pleads guilty to Big Un insider trading
White Collar 2020-02-25 2:12 pm By Cat Fredenburgh

A former Maple Brown Abbott analyst has pleaded guilty to insider trading and communicating inside information in relation to $1.6 million in shares of collapsed video company Big Un.

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Geowash execs appeal loss in ACCC case
Competition & Consumer Protection 2020-02-25 12:30 pm By Cat Fredenburgh

Two Geowash executives have appealed a ruling that found they were knowingly involved in the car wash franchisor’s unconscionable conduct in its dealings with franchisees.

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‘Negligent’ insurance broker must pay client’s copyright settlement with Microsoft
Intellectual Property 2020-02-24 9:17 pm By Christine Caulfield

An insurance broker breached its duties to a software company and must cover the costs of a settlement it reached with Microsoft for copyright infringement, a court has found. 

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Spain ordered to pay $375M in arbitration dispute
Arbitration 2020-02-24 8:44 pm By Alison Eveleigh

The Kingdom of Spain must pay $375 million after it failed in its bid to claim sovereign immunity from the enforcement of two foreign arbitration awards related to renewable energy investments.

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No harm, no foul? Full Court weighs ACCC challenge to flushable wipes ruling
Competition & Consumer Protection 2020-02-24 5:58 pm By Miklos Bolza

The ACCC claims it was not required to prove Kimberly-Clark’s flushable wipes caused actual harm to sewers, as it challenges a ruling that disposed of its consumer law case against the personal care giant.

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New shareholder class action against IOOF alleges extensive misconduct
Class Actions 2020-02-24 3:00 am By Christine Caulfield

Financial services provider IOOF may have beaten back regulatory action, but it still faces the wrath of shareholders, with a new class action claiming the firm engaged in corporate misconduct that includes insider trading, front running and breaches of trustee duties.

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Westpac slams Shine’s ‘sales pitch’ in class action opt out notice
Class Actions 2020-02-21 10:21 pm By Miklos Bolza

Westpac has criticised Shine Lawyers for allegedly turning a registration and opt out notice to class action members into a ‘sales pitch’ designed to book-build for the firm, saying the High Court’s recent common fund ruling forbade approval of anything designed to boost the commercial viability of a case.

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