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Essure class action slams Bayer’s bid for applicant’s teen medical records
Class Actions 2022-09-21 2:15 pm By Cindy Cameronne

The lead applicant in a class action against Bayer over its Essure contraceptive device has admonished the drug maker’s request for her medical records since the age of 14, saying it had “no basis” and was a “fishing exercise”.

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‘Surprising and concerning’: AMP hit with $14.5M penalty in fees for no service case
AMP 2022-09-20 11:00 pm By Cindy Cameronne

A judge has imposed a $14.5 million penalty on five AMP entities, saying it was “surprising and concerning” that the wealth manager deducted $356,000 from customers’ superannuation accounts for advice they never received, despite numerous complaints.

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Government to face class action over NDIS age exclusion
Bret Walker 2022-09-20 3:30 pm By Cat Fredenburgh

The federal government will face a class action on behalf of disabled individuals age 65 and over who have been excluded from the National Disability Insurance Scheme.

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One year after scolding from judge, TWE class action still stalled in discovery
Class Actions 2022-09-20 1:19 pm By Cindy Cameronne

A judge has raised concerns with Maurice Blackburn and Slater & Gordon for their slow progress in a consolidated shareholder class action against Treasury Wine Estates, one year after scolding the firms for their delay in filing evidence.

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Judge rejects A One Multi receiver’s request for future remuneration
ASIC 2022-09-20 1:02 pm By Cindy Cameronne

Two receivers for unlicensed investment scheme A One Multi Services have lost their bid to have 85 per cent of their future remuneration paid out immediately, with a judge agreeing with the corporate regulator that the receivers should not have “what are in effect trust funds”.

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Opal Tower engineer must hand over policies, bank records in class action coverage spat
Class Actions 2022-09-20 2:34 am By Christine Caulfield

Opal Tower structural engineer WSP has been ordered to produce all professional indemnity policies covering its work on the defective building in a lawsuit against insurers for builder Icon, despite arguing for the “commercial sensitivity” of the information.

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Vero Insurance to argue owners suffered no property damage in cladding class action
Christine Ernst 2022-09-19 11:17 pm By Cindy Cameronne

Insurer for cladding manufacturer Fairview Architectural, Vero Insurance, will argue a $190 million policy does not cover claims in a class action alleging combustible cladding caused losses for property owners, a court has heard.

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Judge OKs $1.6M settlement in Romeo’s class actions but slashes law firm’s share
Adero Law 2022-09-19 11:01 pm By Cindy Cameronne

A judge has signed off on a $1.55 million settlement to resolve two underpayments class actions against supermarket chain Romeo’s, but has reduced the pay out to the law firm running the cases by 25 per cent, saying the firm had “no legal entitlement” to the fees.

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Dixon Advisory hit with $7.2M penalty in ASIC case
ASIC 2022-09-19 3:08 pm By Cat Fredenburgh

A judge has signed off on a $7.2 million penalty against Dixon Advisory after the company admitted to ASIC allegations that its advisors failed to act in its clients’ best interests by recommending they invest in a risky US-based real estate investment fund.

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In loss for ATO, judge rules Liberty Financial schemes were not ‘artificial or contrived’
Arnold Bloch Leibler 2022-09-19 2:17 pm By Cindy Cameronne

A judge has ordered that part of a decision by the Australian Taxation Office over three alleged schemes by Liberty Financial to obtain tax benefits be set aside, rejecting arguments that the corporate group’s operations were “artificial or contrived”.

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