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‘Fundamental misapprehensions’: Suncorp strikes back at class action over conflicted remuneration
Class Actions 2019-10-07 3:09 pm By Miklos Bolza

The Suncorp Group unit and directors at the centre of a class action over allegedly conflicted remuneration have slammed the case as “misconceived” and argue it was not validly commenced.

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Westpac gives court more reasons to uphold win in ASIC’s responsible lending case
Appeals 2019-10-07 1:41 pm By Miklos Bolza

Westpac has offered an appeals court two more reasons to affirm its victory in a closely watched responsible lending case brought by the Australian Securities and Investments Commission over almost 262,000 home loans.

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Tucker & Cowen loses second bid to dodge $17.5M Equititrust case
Legal Ethics 2019-10-07 12:00 pm By Miklos Bolza

Two name partners at law firm Tucker & Cowen have lost another attempt to dismiss a case brought against them by the receivers of failed fund manager Equititrust over $17.5 million in funds allegedly obtained by deceptive means.

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After ASIC raises ire, judge sets down new rules for regulators in his court
ASIC 2019-10-04 10:46 pm By Christine Caulfield

ASIC and other government regulators bringing enforcement action in the docket of one Federal Court judge must abide by a strict new protocol to prevent a repeat of the corporate watchdog’s “wait and see” strategy in a case against ex-Murray Goulburn directors that came close, the judge said, to bringing the administration of justice into disrepute.

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ASIC’s belated case against ex-Murray Goulburn execs survives, but judge says never again
ASIC 2019-10-04 10:05 pm By Christine Caulfield

A judge has refused a bid by two former Murray Goulburn executives to throw out a disqualification case brought by the Australian Securities and Investments Commission, despite admonishing the corporate regulator for its delay in bringing the case and establishing a protocol for regulators filing cases in his docket.

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Opal Tower class action defendants banned from contacting group members about settlement
Class Actions 2019-10-04 5:02 pm By Amelia Birnie

The defendants in the Sydney Opal Tower class action have been formally banned from contacting represented group members about their claims while the proceeding remains on foot, after communications were allegedly sent to apartment owners.

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CBA unit hit with criminal charges over insurance hawking
Insurance 2019-10-04 1:49 pm By Cat Fredenburgh

Commonwealth Bank of Australia’s insurance unit, CommInsure, is facing 87 criminal charges for allegedly hawking life insurance products in unsolicited telephone calls.

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Facing Deloitte cross-claims, Dick Smith execs drag other directors into class action
Class Actions 2019-10-03 10:22 pm By Cat Fredenburgh

Former Dick Smith executives Nick Abboud and Michael Potts have pointed the finger at the defunct electronics retailer’s other directors in response to cross claims by auditor Deloitte, which is named in two shareholder class actions over the company’s collapse.

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Judge dismisses Ashurst partner’s dispute with ex-judge neighbour as ‘bordering on irrational’
Corporate 2019-10-03 9:05 pm By Amelia Birnie

A partner at Big Six firm Ashurst has lost his bid to stop liquidators taking control of his Point Piper home in a long-running dispute with his ex-judge neighbour, after parts of his case were dismissed as ā€œbordering on irrationalā€.

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NAB to face $1.2M unconscionable conduct claim by Victorian property developer
Financial Services 2019-10-03 11:46 am By Miklos Bolza

A court has thrown out a breach of contract claim brought by two subsidiaries of property developer Minster Group against National Australia Bank, but found the bank must face a $1.2 million unconscionability claim over allegedly excessive fees.

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