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Judge was wrong to halt cross-examination in Octaviar class action, court hears
Appeals 2019-01-17 9:00 pm By Miklos Bolza Sydney

A judge that dismissed an investor class action against the Public Trustee of Queensland over the failure of investment firm Octaviar Group improperly intervened in the cross-examination of one of the class’ witnesses, one of the judges that will hear an appeal of the dismissal was told.

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ASIC asks High Court to clarify meaning of ‘officer’
Appeals 2019-01-16 9:58 pm By Miklos Bolza Sydney

ASIC is seeking approval from the High Court to appeal a judgment that let a former director of Gold Coast finance company MFS Group partially off the hook for $147.5 million in misappropriated funds, saying the High Court needs to clarify the scope of the word “officer” under the Corporations Act.

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NAB says customers could decide if credit card insurance was ‘worthless’
Class Actions 2019-01-16 12:01 pm By Miklos Bolza Sydney

National Australia Bank has rejected a class action’s claims that it pushed worthless credit card insurance onto its customers, saying it was up to the customers to determine the true value of the coverage.

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The cases facing the Big Four banks in 2019
Article 2019-01-14 11:47 pm By Christine Caulfield Melbourne

Australia’s four biggest lenders had an expensive year in court last year, but with cases spilling over into the new year and the fallout from the Royal Commission expected to see a litigation blitz by regulators and class action lawyers, much more is in store for the banks in 2019. Here, Lawyerly takes a look at the court cases facing ANZ Banking Group, Commonwealth Bank of Australia, National Australia Bank and Westpac Banking Corp so far this year.

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Top 10 class action settlements of 2018
Allens 2019-01-11 11:29 pm By Cat Fredenburgh Melbourne

From a record-setting funder’s cut to the first call for ‘“proportionality”, last year saw a number of groundbreaking judgments approving class action settlements worth more than half a billion dollars. Here are the 10 biggest settlements of 2018, and the law firms and funders that negotiated them.  

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Paypal finds friend in IP Australia, wins trade mark challenge to FinPal
Financial Services 2019-01-11 10:43 pm By Cat Fredenburgh Melbourne

Online payment giant PayPal has successfully opposed trade mark registration sought by Australian financial planning software company FinPal, with IP Australia finding the -pal suffix to be a “striking similarity” between the two marks.

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Productivity Commission recommends ‘best in show’ shortlist as part of major super shake-up
Employment 2019-01-10 10:10 pm By Christine Caulfield Melbourne

An independent expert panel who will determine a ‘Best in Show’ shortlist of super funds would take over from unions and employers in controlling Australia’s default superannuation system as part of a major overhaul of the $2.7 trillion industry recommended Thursday.

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Ex-Radio Rentals CEO knew about misleading contracts, class action claims
Class Actions 2019-01-09 9:19 pm By Miklos Bolza Sydney

The former CEO of Radio Rentals, James Marshall, has been dragged into a consumer class action alleging he knew the home goods rental company pushed misleading leases onto vulnerable consumers.

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ASIC flags new rules for simpler super fee disclosures
Financial Services 2019-01-08 10:19 pm By Christine Caulfield Melbourne

The corporate watchdog has released proposed reforms to fees and costs disclosure requirements for superannuation and managed investment schemes, and the rules would require disclosures that “simplify” how information is presented to consumers.

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JP Morgan wins bid to keep ANZ probe docs confidential
Allens 2019-01-08 9:52 pm By Cat Fredenburgh Melbourne

JP Morgan, the reported whistleblower behind a criminal cartel case against ANZ, Deutsche Bank and Citigroup over a $2.5 billion share placement, has won its bid to keep documents from a related ASIC probe confidential.

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