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‘Hostile, aggressive’: Former AMP general counsel alleges bullying in $2.7M lawsuit
Employment 2019-10-24 3:34 pm By Miklos Bolza

A former AMP general counsel responsible for preparing the financial giant for the banking royal commission has launched a $2.7 million lawsuit alleging “hostile, aggressive and intimidating behaviour” by superiors in response to formal complaints she made about the company’s fees for no services practices.

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Judge rules Myer misled shareholders, backs market-based causation
Class Actions 2019-10-24 2:39 pm By Christine Caulfield

A judge has ruled that department store Myer engaged in misleading or deceptive conduct and breached its continuous disclosure obligations when it failed to correct its “inflated” 2015 net profit forecasts, but said shareholders may not have suffered any loss flowing from the breaches, in a monumental decision that also found investors do not always need to prove direct reliance on misrepresentations in claiming damages in class actions.

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Westpac takes almost $1B hit to cash earnings for customer refunds
Financial Services 2019-10-23 10:21 pm By Christine Caulfield

The costs of Westpac’s customer remediation for the 2019 financial year will approach $1 billion, the bank said Wednesday, as it revealed to the market a $341 million dent in its cash earnings for the second half of the year as part of its ongoing repayment program.

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Quintis founder wins unredacted transcripts of ASIC chats with directors
White Collar 2019-10-23 9:15 pm By Miklos Bolza

Quintis founder Frank Wilson has won his bid for unredacted transcripts of ASIC examinations with six former directors of the failed sandalwood company.

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Toyota points finger at drivers in diesel filter class action
Class Actions 2019-10-23 3:42 pm By Miklos Bolza

Responding to a class action on behalf of over 250,000 car owners, auto giant Toyota has admitted issues with filters in three of its diesel vehicle models but says drivers who failed to respond to warning lights in their cars could not clam damages for any breaches of quality guarantees.

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Bean there, done that: Lavazza says it used ‘oro’ trade mark before Vittoria
Intellectual Property 2019-10-22 11:14 pm By Cat Fredenburgh

Italian coffee manufacturer Lavazza has hit back against an infringement case brought by Australian rival Vittoria over two Oro trade marks, saying Vittoria’s rights over the marks should be revoked and claiming four decades of prior continuous use of its own unregistered mark.

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Stage set for battle over court’s power to vary class action funding agreements
Analysis 2019-10-22 11:06 pm By Christine Caulfield

A judge’s decision refusing to approve a $42 million settlement in a shareholder class action against Murray Goulburn because of a “too high” funder’s commission has set the stage for a showdown over the power of courts to alter funding agreements, a battle potentially more consequential than the fight over common fund orders now before the High Court.

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IOOF unit wins stay of $76M judgment as it mulls appeal of case against Sparke Helmore
Restructuring & Insolvency 2019-10-22 11:00 pm By Cat Fredenburgh

A judge has briefly stayed his $76.6 million judgment against IOOF subsidiary Australian Executor Trustees over the sale of a timber plantation by the collapsed Gunns Group as AET weighs an appeal of the ruling, which dismissed its cross-claim against law firm Sparke Helmore.

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Judge tosses Babcock & Brown cases, finds ‘serious problems’ with market-based causation
Securities 2019-10-21 8:47 pm By Miklos Bolza

A judge has dismissed three proceedings by shareholders against the liquidator of failed global financial services firm Babcock & Brown, in a finding that highlights “serious problems” with market-based causation and may have ramifications for securities class actions.

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Cash Converters to pay $42.5M to settle personal loans class action
Class Actions 2019-10-21 2:31 pm By Cat Fredenburgh

Cash Converters has agreed to pay $42.5 million to settle a class action brought on behalf of consumers that took out personal loans, after reaching a $16.4 million settlement last year in a class action over interest charged on short-term loans.

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