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Fitch expert challenged in investor class action over toxic CDOs
Alexander Langshaw 2018-11-23 5:37 pm By Miklos Bolza

An expert witness in an investor class action against Fitch Ratings over toxic financial products is no expert at all, the lead applicant told the court in contesting the admissibility of the expert’s evidence.

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Law firms avoid courtroom showdown with novel CBA class actions deal
Class Actions 2018-11-21 11:36 pm By Cat Fredenburgh

Maurice Blackburn and Phi Finney McDonald have sidestepped a competing class action battle in the high-stakes litigation against Commonwealth Bank of Australia over alleged breaches of money laundering laws, with the firms proposing to jointly lead a consolidated class action against the bank.

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Ponzi schemer Samra drew funds at ‘near excess’, BankSA admits
Allens 2018-11-21 8:41 pm By Miklos Bolza

Westpac-owned BankSA has admitted that convicted Ponzi schemer Michael Samra withdrew funds at “near excess” of the bank’s limits and had insufficient money to honour cheques drawn on his company’s bank account.

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CBA boss blames predecessor for dodgy credit insurance
Financial Services 2018-11-20 10:37 pm By Miklos Bolza

Commonwealth Bank of Australia chief Matt Comyn has pointed the finger at his predecessor, Ian Narev, for the bank’s selling of credit insurance to ineligible customers, claiming the former CEO failed to heed advice and stop selling the products.

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Federal Court gets $10M boost to handle Royal Commission caseload
Financial Services 2018-11-16 11:52 pm By Cat Fredenburgh

The government has boosted the budgets of the CDPP and the Federal Court by $51 million in advance of an expected increase in criminal and civil enforcement actions resulting from the Banking Royal Commission.

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McMillan Shakespeare unit denies car warranties ‘illusory’
Baker McKenzie 2018-11-15 10:55 pm By Cat Fredenburgh

Defending a class action alleging its vehicle warranties were worthless, a unit of car leasing company McMillan Shakespeare said it has paid out claims to more 3,600 drivers, and was obligated to consider each claim “on its merits”.

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Ex-director of corporate insolvency firm ‘ambushed’ by partner, judge says
Contracts 2018-11-13 7:21 pm By Cat Fredenburgh

A judge has found the former director of Sydney-based insolvency practice CRS Warner Kugel is entitled to compensation after he was “ambushed” out of the firm in 2014.

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Court rejects Westpac’s $35M settlement with ASIC
Financial Services 2018-11-13 11:41 am By Miklos Bolza

The Federal Court has thrown out a proposed $35 million settlement between ASIC and Westpac over responsible lending breaches, saying the agreement was “unworkable” and left the court in an “information vacuum”.

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Common fund order in CBA class action put on ice
Appeals 2018-11-12 10:55 pm By Cat Fredenburgh

A judge has adjourned an application by law firm Slater & Gordon for a common fund order in a class action against the Commonwealth Bank and its wealth management unit, amid two landmark challenges to the courts’ powers to make such orders.

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Funder wants major role in common fund challenge
Allens 2018-11-12 8:58 pm By Miklos Bolza

Litigation funder Regency Funding has sought leave to intervene as a major player in one of two challenges to the courts’ powers to issue common fund orders in class actions, but it might have a fight on its hands.

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