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Insurers want to stay COVID-19 insurance class actions
COVID-19 2021-08-24 4:26 pm By Bianca Hrovat

Insurers Lloyds Australia and QBE want class actions by policyholders who were denied business interruption coverage for COVID-related shutdowns stayed until a related test case in the Federal Court is decided.

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Court tosses Mineralogy’s ‘ill-disguised collateral attack’ on ASIC
ASIC 2021-08-24 11:21 am By Miklos Bolza

A court has tossed a lawsuit by Clive Palmer’s Mineralogy against ASIC, calling it an “ill-disguised collateral attack” against the regulator over criminal proceedings against the billionaire mining magnate over $12 million in payments made to his political party in 2013.

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Westpac cops $10M fine in personal advice case, but doesn’t say sorry
Financial Services 2021-08-23 4:16 pm By Cindy Cameronne

Two Westpac units have been hit with $10.5 million in fines for providing personal financial advice during a superannuation rollover campaign, with a barrister for ASIC noting the bank had not apologised or expressed regret for the conduct.

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NAB super class action must cover bases with group members after landmark ruling
Class Actions 2021-08-23 2:57 pm By Miklos Bolza

The applicant in a Federal Court class action against NAB superannuation trustee NULIS has been ordered to find a sample group member in light of a landmark Victoria Supreme Court ruling that found the plaintiff in a similar class action could not establish any loss.

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Bar Association defends judges’ impartiality in face of ‘misleading’ bias analysis
Business of Law 2021-08-23 4:05 pm By Bianca Hrovat

The Australian Bar Association has criticised “flawed” methodology used to analyse the competency of judges, weighing in on controversy over the Australian Law Reform Commission’s handling of a submission to its judicial impartiality inquiry.

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7-Eleven to pay $98M to settle franchisee class action
Class Actions 2021-08-20 1:48 pm By Cat Fredenburgh

Convenience store giant 7-Eleven has agreed to pay $98 million to settle two class actions accusing it of misleading franchisees, the largest class action settlement reached so far this year.

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ATO wins appeal in Crown Resorts battle over GST on high roller junkets
Tax 2021-08-20 10:45 pm By Cat Fredenburgh

The Full Court has thrown out a victory by Crown Resorts in a $100 million dispute over GST assessments on commissions and rebates paid to tour operators that directed international VIP gamblers to two of its casinos.

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Judge scolds Linchpin liquidators for ‘unsatisfactory’ conduct in class action
Class Actions 2021-08-20 4:31 pm By Miklos Bolza

A judge has criticised the liquidators of collapsed financial group Linchpin Capital after they failed to inform the court whether they intend to defend class action proceedings or if default judgment should be made against the company.

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Law firm would have had onus of proof in Arrium cross-claim defence, judge says
Business of Law 2021-08-19 11:56 pm By Christine Caulfield

Herbert Smith Freehills this week escaped a cross-claim that its advice made it liable for the alleged losses of Arrium’s lenders, but the judge who tossed the claim along with the banks’ cases expressed doubts about one of the law firm’s key arguments, a warning to other firms caught up in litigation as so-called concurrent wrongdoers.

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ANZ flags fight over use of ASIC communications in sacked trader’s case
Employment 2021-08-19 3:01 pm By Cindy Cameronne

ANZ may fight to block a sacked trader from relying on his communications with ASIC in a case alleging he was fired after complaining about rate-rigging at the bank, saying it may be unlawful to use the documents, a court has heard.

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