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IMF drops fight over commission in settled Murray Goulburn class action
Class Actions 2019-12-20 9:33 pm By Miklos Bolza

Litigation funder IMF Bentham has thrown in the towel in a battle over its cut of a $42 million settlement in a class action against dairy cooperative Murray Goulburn, accepting the Federal Court’s proposed 25 per cent commission rate after initially seeking 32 per cent.

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CIMIC settles shareholder class action over corruption disclosures
Class Actions 2019-12-20 1:17 pm By Cat Fredenburgh

Engineering services company CIMIC has agreed to settle a long-running shareholder class action launched in the wake of media reports of an alleged $42 million bribe paid by the firm to win a lucrative oil contract.

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Westpac hit with $9.15M penalty over bad advice
Financial Services 2019-12-19 3:41 pm By Cat Fredenburgh

A Federal Court judge has ordered Westpac to pay a $9.15 million penalty after one of its financial advisers breached the best interests duty by giving customers bad advice that resulted in millions in losses.

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Westpac hit with first class action over AUSTRAC scandal
Financial Services 2019-12-18 1:12 pm By Cat Fredenburgh

Westpac is facing a class action on behalf shareholders in three countries over its alleged anti-money laundering and counter-terrorism financing breaches and disclosures.

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NAB faces ASIC wrath with second fees for no service case
Financial Services 2019-12-17 11:49 pm By Cat Fredenburgh

The Australian Securities and Investments Commission has taken legal action against National Australia Bank alleging thousands of violations of the law through its fees for no service conduct, exposing the bank to the risk of significant penalties.

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ASIC takes life insurer TAL to court over handling of cancer victim’s claim
Insurance 2019-12-17 10:22 pm By Cat Fredenburgh

The Australian Securities and Investments Commission has taken legal action on another referral from the banking royal commission, dragging life insurer TAL to court for allegedly engaging in misleading and deceptive conduct in its handling of a claim for coverage.

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APRA begins probe of Westpac over ‘substantial gaps in risk governance’
Financial Services 2019-12-17 3:31 pm By Cat Fredenburgh

The Australian Prudential Regulation Authority has flagged potentially “substantial gaps in risk governance” by Westpac as it formally kicked off an investigation into the bank and its executives for potential breaches of the Banking Act.

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Disqualified exec loses case that forwarded ASIC email doesn’t count as service
ASIC 2019-12-16 11:52 pm By Christine Caulfield

An email from the corporate regulator forwarded to a Perth businessman by his lawyer constituted proper notification that the executive had been disqualified, an appeals court has ruled in tossing a challenge to the method of service.

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‘I’m getting awful close to ending my life’: Magistrate despairs as ANZ cartel hearing blows out
Competition & Consumer Protection 2019-12-12 7:49 pm By Miklos Bolza

A committal hearing in the ANZ cartel case may run a further nine days next year due to ongoing arguments about subpoenas and privilege, which have derailed five planned days of cross-examination of key witnesses and led a Local Court Magistrate to proclaim she was “awful close” to ending her life.

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Westpac asks High Court to hear personal advice case
Financial Services 2019-12-11 11:08 pm By Cat Fredenburgh

Westpac has filed a special leave application with the High Court seeking further clarity on the line between personal and general advice under financial services laws, after an appeals court handed ASIC a significant win in finding the bank violated its duty to act in its customers’ best interests during a superannuation rollover campaign.

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