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Judge OKs $9.5M McMillan Shakespeare settlement despite funder, lawyers taking bulk
Class Actions 2021-02-05 5:29 pm By Spencer Fowler Steen

A judge has approved a $9.5 million settlement in a class action against McMillan Shakespeare as fair and reasonable, allowing a common fund order and a nearly 30 percent commission for the litigation funder despite previously raising “real concerns” about the small portion flowing to group members.

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High Court rejects Westpac’s ‘gloss’ on financial product advice statute
High Court 2021-02-03 10:51 am By Christine Caulfield

The High Court has dismissed an appeal by Westpac challenging a ruling that found the bank breached its duties to customers by providing personal financial advice as part of a telephone campaign encouraging customers to roll over external superannuation accounts.

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Funder likens itself to pinata in hearing over $9.5M class action settlement
Class Actions 2021-02-01 7:15 pm By Spencer Fowler Steen

The funder behind a class action against McMillan Shakespeare has warned against the court beating it up like a ‘pinata’ in a settlement approval hearing in which the judge expressed “real concerns” about the portion of a $9.5 million settlement earmarked for group members.

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ASIC secures court order to wind up Mayfair 101 unit
Restructuring & Insolvency 2021-01-29 10:07 pm By Christine Caulfield

A judge has ordered the winding up of M101 Nominees, the issuer of $67 million in notes promoted by James Mawhinney’s failed Mayfair 101, which is alleged to owe investors over $211 million.

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High Court set to deliver judgment in Westpac’s appeal of personal advice ruling
High Court 2021-01-29 3:49 pm By Miklos Bolza

The High Court will hand down its ruling Wednesday in a high-stakes case between ASIC and Westpac that is expected to clarify the line between personal and general financial advice.

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ASIC chair James Shipton to step down despite being cleared in relocation expenses review
ASIC 2021-01-29 3:15 pm By Miklos Bolza

ASIC chair James Shipton will step down from his role despite being cleared by an independent review into $118,000 in payments related to his relocation from the US in 2018.

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JPMorgan seeks to shield interview docs in ANZ cartel case
Competition & Consumer Protection 2021-01-27 9:21 pm By Spencer Fowler Steen

While a Federal Court judge recently promised to advance a long-running criminal cartel case against several investment banks and individuals over a $2.5 billion ANZ share placement, a separate judge will soon hear a privilege dispute over documents from whistleblower JPMorgan that promises to further delay the case.

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Fonterra warned farmers of ‘extreme’ global dairy price volatility, class action defence says
Class Actions 2021-01-21 5:35 pm By Spencer Fowler Steen

Fonterra has hit back at claims in a class action that the dairy giant misled farmers and breached its supply agreements when it slashed milk prices and sought a clawback in 2016, saying it warned farmers of the “extreme” volatility in the market.

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Police believe accused fraudster Melissa Caddick still alive
Financial Services 2021-01-19 10:38 pm By Christine Caulfield

Sydney businesswoman Melissa Caddick, who went missing a day after police raided her home two months ago as part of a fraud investigation, is believed to be alive, according to police.

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Freedom Foods says it was entitled to sack former GC for ‘serious misconduct’
Employment 2021-01-19 3:53 pm By Christine Caulfield

Troubled food and beverage manufacturer Freedom Foods has denied a former company secretary and group general counsel was protected by whistleblower laws, claiming it was entitled to fire her for “serious misconduct”.

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