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Short seller Bonitas ignores Rural Funds action, threatens defamation lawsuit
Agriculture 2019-10-18 8:36 pm By Amelia Birnie

Activist US short seller Bonitas Research is refusing to participate in legal action brought in Australia by Rural Funds Group, as it continues to press allegations of fraud, which sent the agricultural fund manager’s share price plummeting.

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Courtside with the swift ‘Hammer’ of justice
Class Actions 2019-10-18 2:06 pm By Amelia Birnie

Justice David Hammerschlag of the NSW Supreme Court has a way with words that readily lends itself to dramatic courtroom headlines. The “Hammer,” as he is known, also pulls no punches and is quick with one liners that keep counsel on their toes. Here, Lawyerly looks at some of the recent best moments inside courtroom 7D.

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Allens class actions ace Jenny Campbell thrives on the unpredictable
Allens 2019-10-18 12:07 pm By Amelia Birnie

The careful, methodical approach of 20-year class action veteran and Allens partner Jenny Campbell is in demand in the fast-changing class action world, where the only certainty is uncertainty.

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ASIC calls out insurers, super funds for selling ‘junk’ TPD insurance
AMP 2019-10-17 5:09 pm By Amelia Birnie

AMP, Asteron and Westpac have been singled out by ASIC for having higher than expected decline rates for total and permanent disability life insurance claims, in a new review by the corporate watchdog that also revealed a “concerningly high” 60 per cent rejection rate for some narrowly defined policies.

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Judge tosses lawsuit against personal injury firm over sexual assault settlement
Arnold Thomas & Becker 2019-10-17 1:57 pm By Amelia Birnie

A judge has dismissed a professional negligence claim against a personal injury law firm, finding no prospect of success for a former client who alleged the firm “coerced” him into settlement of a workplace sexual assault case so they could receive their costs.

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CBA unit faces MySuper class action over delayed $3.2B funds transfer
CBA 2019-10-17 1:03 pm By Amelia Birnie

Commonwealth Bank subsidiary Colonial First State and former director Linda Elkins face a class action alleging the wealth management group breached its superannuation trustee duties by failing to promptly transfer $3.2 billion of default members’ funds to a lower-cost, high-performing MySuper product.

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Judge ‘outraged’ by terms of ACCC’s $75M dieselgate settlement with VW
Australian Government Solicitor 2019-10-16 8:41 pm By Amelia Birnie

A judge is considering whether he can increase a record $75 million civil penalty settlement reached by Volkswagen and the ACCC over the dieselgate scandal, after saying the people of Australia would be “upset” if they knew about some of the “outrageous” terms to which the consumer watchdog had agreed.

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Dick Smith cases to be heard together, after insurance class action plaintiffs drop discontinuance bid
Alec Leopold 2019-10-15 11:20 pm By Amelia Birnie

A judge has ordered all proceedings against Dick Smith to be heard concurrently during a marathon three month trial, after the plaintiffs in a shareholder class action brought against the failed electronics retailer’s insurers aborted a fleeting bid to temporarily discontinue their case.

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Ex-fintech CEO wins $2.2M in damages after unlawful dismissal
Damian Clothier 2019-10-14 5:58 pm By Amelia Birnie

The former CEO of financial software firm GBST has been awarded more than $2.2 million in damages, with a court finding he was wrongfully terminated by the company amid unsubstantiated allegations of insider trading.

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Farooq Khan, other directors breached their duties in battle over Keybridge Capital, court says
Andrew Broadfoot 2019-10-14 4:29 pm By Amelia Birnie

Perth-based Farooq Khan has lost a key case in the battle for control over investment firm Keybridge Capital, after a judge invalidated a board decision to suspend activist investor Nicholas Bolton as CEO and terminate chair John Patton on the basis of Khan’s breach of his directors’ duties.

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