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NAB’s ‘grossly deficient’ systems prompted ASIC’s second fees-for-no-service case, court hears
ASIC 2020-02-18 2:10 pm By Miklos Bolza

National Australia Bank’s “grossly deficient” systems and failure to swiftly bring its processes into compliance prompted ASIC to launch its second fees-for-no-service case against the bank, the Federal Court has heard.

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Search warrant authorising AFP raid on ABC valid, court rules
ABC 2020-02-17 8:52 pm By Miklos Bolza

The Australian Broadcasting Corporation has lost its challenge to an Australian Federal Police search warrant authorising a raid on the broadcaster’s Sydney headquarters last year.

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Judge overstepped in accepting Pacific National undertaking, ACCC tells appeals court
ACCC 2020-02-17 4:30 pm By Christine Caulfield

The judge who dismissed the ACCC’s challenge to Pacific National’s acquisition of Aurizon’s Acacia Ridge Terminal in Queensland had no power to accept an undertaking by the rail operator as an answer to the competition regulator’s case, an appeals court has been told.

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Judge allows docs despite ‘real risk’ of prosecution for ex-Directed Electronics manager
Andrew McRobert 2020-02-17 11:44 am By Miklos Bolza

A former manager of Australian electronics automotive developer Directed Electronics OE has failed to block access to certain documents in a corporate theft case, despite the Federal Court finding they gave rise to a “real and appreciable risk” of civil or criminal prosecution against him.

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Clive Palmer wins some, loses some in ongoing feud with CITIC over Sino Iron mine
Alexander Law 2020-02-14 11:12 pm By Cat Fredenburgh

Clive Palmer and his company Mineralogy have survived a High Court challenge by Hong-Kong based CITIC to a ruling that put it on the hook for at least $224 million in unpaid royalties from producton at the Sino Iro mine, but a related $297 million suit by Palmer against the Chinese conglomerate has flopped.

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ACCC cartel investigator admits ‘oversight’ in comfort letter to JPMorgan
ACCC 2020-02-14 10:51 pm By Miklos Bolza

An ACCC officer who was heading up a team investigating alleged cartel conduct by ANZ Banking Group and three investment banks has admitted that the regulator may have made an ‘oversight’ in a letter of comfort offered to JPMorgan ahead of the bank’s immunity application in the case.

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Judge allows discovery for possible bushfire class action against Essential Energy
Class Actions 2020-02-14 10:50 pm By Cat Fredenburgh

A law firm has won its case seeking preliminary discovery from Essential Energy to pursue a possible class action against the state-owned electricity infrastructure company over the 2018 Tathra bushfire in NSW.

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In loss for Herbert Smith Freehills, court says self-represented law firms can’t recover costs
Appeals 2020-02-13 4:29 pm By Cat Fredenburgh

Herbert Smith Freehills cannot recover its costs for successfully representing itself in litigation with United Petroleum over the company’s aborted initial public offering, with an appeals court finding the High Court’s recent ruling eliminating the so-called Chorley exception for self-represented lawyers applies to law firms as well.

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Law firms behind Monsanto competing class actions can’t seem to get along
Agriculture 2020-02-13 2:47 pm By Miklos Bolza

The law firms running two competing product liability class actions against chemical giant Monsanto over its allegedly cancer-causing weed killer have been unable to reach agreement on how they will jointly manage the cases, a court has heard.

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Fairfax slammed for ‘very unhelpful’ defence in Elaine Stead defamation case
Banki Haddock Fiora 2020-02-13 12:43 pm By Miklos Bolza

Nine-owned Fairfax Media has been sent back to the drawing board to redo what a judge called a “very unhelpful” defence to a defamation lawsuit brought by venture capitalist Elaine Stead over articles that appeared in the Australian Financial Review about her role in the collapse of fund manager Blue Sky Alternative Investments.

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