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Ex-Dick Smith directors seek damages against Deloitte over $520M float
Class Actions 2019-10-11 4:43 pm By Miklos Bolza

Two former Dick Smith directors targeted by dual class actions have expanded their case against Deloitte over the retailer’s 2016 collapse, saying if the company was found liable for shareholder losses then the auditor should be blamed for its shoddy work on the company’s financial statements during its float three years earlier.

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Judge refuses access to insurance policy in Advanta Seeds class action
Agriculture 2019-10-10 5:06 pm By Amelia Birnie

The plaintiffs in a farming class action brought against Advanta Seeds over allegedly contaminated sorghum have been denied access to the defendant’s insurance policy documents, after a judge found “significant differences” with a recently successful application in a class action against Radio Rentals.

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Ford class action judge considers cash security in ‘war and peace of discovery’ disputes
Allens 2019-10-09 5:19 pm By Amelia Birnie

The judge overseeing the long-running class action over allegedly faulty Ford PowerShift transmissions has told the applicants they might need to put up considerable cash security to cover the “war and peace of discovery” disputes, after Ford slammed the delayed request for documents as “complete and utter nonsense”.

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Ernst & Young strikes out with third party claims against failed LM Investment
Alan Shearer 2019-10-08 11:47 pm By Cat Fredenburgh

Ernst & Young, which is facing a lawsuit brought by the receiver of a fund overseen by failed financial services firm LM Investment Management, has lost its bid to file a claim for damages against LMIM, with a judge saying the auditor’s case was “flawed” and “counterintuitive”.

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Robocalls proposed in Radio Rentals settlement after class members crash Maurice Blackburn’s phone line
Class Actions 2019-10-08 9:04 pm By Miklos Bolza

After being flooded with phone calls by class members wanting a share of a recent $16.4 million settlement with Cash Converters, law firm Maurice Blackburn will implement an automated message system to handle queries from 164,000 group members in the settled class action against Radio Rentals.

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Court of Appeal tosses Quinn Emanuel challenge to AMP beauty parade loss
Adam Hochroth 2019-10-08 4:38 pm By Miklos Bolza

A challenge by Quinn Emanuel to a NSW Supreme Court decision staying its shareholder class action against AMP has been unanimously dismissed by the Court of Appeal, which found the class action beauty contest was not decided in error and that subsequently filed representative proceedings were not an abuse of process.

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‘Fundamental misapprehensions’: Suncorp strikes back at class action over conflicted remuneration
Arnold Bloch Leibler 2019-10-07 3:09 pm By Miklos Bolza

The Suncorp Group unit and directors at the centre of a class action over allegedly conflicted remuneration have slammed the case as “misconceived” and argue it was not validly commenced.

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Westpac gives court more reasons to uphold win in ASIC’s responsible lending case
Appeals 2019-10-07 1:41 pm By Miklos Bolza

Westpac has offered an appeals court two more reasons to affirm its victory in a closely watched responsible lending case brought by the Australian Securities and Investments Commission over almost 262,000 home loans.

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Dick Smith insurer class action plaintiffs want their own hearing
Alec Leopold 2019-10-04 7:37 pm By Amelia Birnie

The plaintiffs in an investor class action filed against Dick Smith’s insurers want a separate hearing from four other representative and company proceedings against the failed electronics retailer, arguing there would be only the “thinnest basis” for concurrent proceedings if their strike out application was successful.

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‘Junk’ insurance class action to focus on whether NAB’s conduct was systemic
Chris Caleo 2019-10-04 4:41 pm By Miklos Bolza

The hearing for a class action against National Australia Bank over allegedly worthless credit card insurance will focus on  whether the bank’s allegedly unconscionable behaviour in selling these policies was systemic or confined to individual cases.

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