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Domino’s faces threat of shareholder class action
Class Actions 2024-06-03 11:02 pm By Sam Matthews

Domino’s is facing a potential shareholder class action for allegedly misleading the market about its expected performance in Japan. 

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Crown Resorts to benefit from class closure and should foot part of the bill, judge says
Class Actions 2024-05-31 11:00 pm By Sam Matthews

A judge has ordered Crown Resorts to share the costs of soft class closure with the plaintiff in a shareholder class action accusing it of lax anti-money laundering compliance, saying that soft class closure ahead of mediation was in the interests of both parties. 

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Privilege ruling in Noumi case could hamper ASIC investigations, regulator says
Appeals 2024-05-30 2:47 pm By Cindy Cameronne

ASIC has argued a recent ruling that found Noumi waived privilege over a PwC report by providing it to the regulator could dissuade people from voluntarily disclosing information during investigations and cause a “loss of public benefit” if allowed to stand. 

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Noumi, ASIC fight ruling that privilege over PwC report waived during probe
Appeals 2024-05-28 11:27 pm By Cat Fredenburgh

Noumi and ASIC are challenging a finding that the food manufacturer waived legal professional privilege over a PricewaterhouseCoopers report commissioned by its lawyers at Ashurst by disclosing the report during an ASIC investigation.

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Continuous disclosure case law may apply in Forge insider trading case, judge says
White Collar 2024-05-28 11:42 pm By Sam Matthews

A judge has left open the question of whether a line of authority relating to the materiality of information under the continuous disclosure regime could be relevant to a stoush between collapsed engineering firm Forge Group and Clough Group, saying the decisions may apply to cases alleging breaches of the insider trading provisions of the Corporations Act.

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ANZ says bailout by underwriters of $2.5B share placement not relevant to ASX
Securities 2024-05-23 11:41 pm By Sam Matthews

Challenging a ruling that it breached its continuous disclosure obligations, ANZ has argued on appeal that it did not need to inform the ASX of a bailout by the underwriters of a 2015 institutional share placement because the information didn’t go to the fundamental value of its shares.

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Vic Supreme Court can’t prefer own state’s policy in class action transfer bid, High Court told
Class Actions 2024-05-21 11:08 pm By Sam Matthews

Supporting KPMG’s bid to move a class action over the collapse of Arrium from Melboure to Sydney, former directors of the failed steel company have told the High Court the Victoria Supreme Court was impermissibly preferring the policy of its state in finding a contingency fee order made in the case could be factored into a transfer application.

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Lawyers no fans of ‘fractured’ approach to continuous disclosure laws
Class Actions 2024-05-17 11:23 pm By Christine Caulfield

What’s good for the goose is good for the gander, lawyers have said in attacking a report to Parliament that recommends abolishing amendments adding a fault element to the continuous disclosure regime for ASIC cases but requiring shareholders to clear the higher bar in class actions.

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Report calls for repeal of continuous disclosure reforms for ASIC cases, but not class actions
Policy and Regulation 2024-05-16 11:14 pm By Christine Caulfield

The Morrison-era reforms that introduced a fault element to the continuous disclosure laws should be repealed for civil penalty proceedings launched by ASIC, but retained for class actions by shareholders, a report of an independent review of the changes has recommended.

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CBA didn’t have to alert investors to ‘toings and froings’ of AUSTRAC probe, judge says
Class Actions 2024-05-15 11:18 pm By Cindy Cameronne

A judge that tossed two shareholder class actions against the Commonwealth Bank of Australia has found the bank did not have to alert investors to the possibility of AUSTRAC proceedings, saying investors did not expect to be apprised of the “toings and froings” of regulatory investigations.

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