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APRA begins probe of Westpac over ‘substantial gaps in risk governance’
Allens 2019-12-17 3:31 pm By Cat Fredenburgh

The Australian Prudential Regulation Authority has flagged potentially “substantial gaps in risk governance” by Westpac as it formally kicked off an investigation into the bank and its executives for potential breaches of the Banking Act.

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‘Only I get to use Latin’: Unconscionable conduct claim is in, ‘inter alia’ is out in Suncorp class action
Arnold Bloch Leibler 2019-12-16 9:27 pm By Miklos Bolza

The judge overseeing a conflicted remuneration class action against Suncorp has allowed the class to bring an unconscionable conduct claim, but put the kibosh on the plaintiff’s use of the phrase ‘inter alia,’ saying “only I get to use Latin”.

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Magistrate in ANZ cartel case shuts down ‘back door’ bid to expand JPMorgan witness grilling
ACCC 2019-12-13 4:46 pm By Miklos Bolza

A magistrate has dismissed a bid to expand the cross examination of a JPMorgan witness in the closely watched criminal cartel case over a $2.5 billion ANZ share placement, calling it a “back door” attempt to bypass a prior court ruling.

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Queensland won’t appeal loss in floods class action
Class Actions 2019-12-13 12:29 pm By Cat Fredenburgh

The State of Queensland will not appeal a ruling that found it, as well as the operators of two Queensland dams, were negligent in the 2011 floods in the Southeast region of the state that left over 2,000 homes destroyed.

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ACCC to get $26.9M boost to crack down on Google, Facebook
ACCC 2019-12-12 11:08 pm By Cat Fredenburgh

The Australian Competition and Consumer Commission will get an additional $26.9 million to take on Google and Facebook, but the Federal Government will proceed more slowly in implementing some of the more wide-ranging proposals in the regulator’s final digital platforms report, including suggested changes to privacy and merger review laws.

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‘I’m getting awful close to ending my life’: Magistrate despairs as ANZ cartel hearing blows out
ACCC 2019-12-12 7:49 pm By Miklos Bolza

A committal hearing in the ANZ cartel case may run a further nine days next year due to ongoing arguments about subpoenas and privilege, which have derailed five planned days of cross-examination of key witnesses and led a Local Court Magistrate to proclaim she was “awful close” to ending her life.

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Judge won’t stop 7-Eleven from seeking class action releases from franchisees
7-Eleven 2019-12-12 1:31 pm By Christine Caulfield

A judge has shot down a bid by class action applicants to block 7-Eleven from seeking litigation releases from franchisees on contract renewal, saying there was no evidence the convenience store giant had acted unlawfully.

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Lehman liquidator files $40M lawsuit against Fitch following class action discovery
Class Actions 2019-12-12 1:12 pm By Cat Fredenburgh

The Australian liquidator of Lehman Brothers has filed a lawsuit seeking $40 million from Fitch Ratings for assigning too-rosy ratings to toxic financial products sold by the bank, following the discovery of a hidden table in Fitch’s rating model by the lawyers leading a now-settled class action against the accounting firm.

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APRA puts conditions on CBA unit Avanteos after charging fees to dead clients
APRA 2019-12-11 11:16 pm By Christine Caulfield

CBA subsidiary Avanteos Investments Limited has been hit with extra conditions on its superannuation licence by the Australian Prudential Regulation Authority after it was revealed the investment management firm charged fees to thousands of deceased superannuation members.

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Westpac asks High Court to hear personal advice case
Allens 2019-12-11 11:08 pm By Cat Fredenburgh

Westpac has filed a special leave application with the High Court seeking further clarity on the line between personal and general advice under financial services laws, after an appeals court handed ASIC a significant win in finding the bank violated its duty to act in its customers’ best interests during a superannuation rollover campaign.

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