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Director can’t represent Oculus in Guvera investor class action
Accounting 2021-04-30 2:57 pm By Cat Fredenburgh Melbourne

A director of Gold Coast accounting firm Oculus has lost his bid to represent the company in a class action by investors in failed music streaming platform Guvera, with a judge unconvinced the company lacked the means to fund the litigation and finding the director was not suitable to represent the company.

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Law firm should rethink putting up own solicitor as expert in group costs order bid, judge says
Catherine Hamilton-Jewell 2021-04-30 12:03 pm By Christine Caulfield Melbourne

The judge overseeing the first ever bid for a group costs order in a class action that will give the plaintiff’s law firm a percentage cut of the proceeds has urged the firm to rethink characterising its own solicitor as an expert.

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Lawyer’s meeting notes don’t belong to client, HWL Ebsworth tells court
Alastair Vincent 2021-04-29 2:20 pm By Christine Caulfield Melbourne

A junior solicitor’s meeting notes during an ASIC investigation of ANZ did not belong to her client despite the lawyer billing for her attendance at the meeting, law firm HWL Ebsworth has argued before a skeptical judge.

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CBA warns of ‘danger’ in using app to alert customers to $7M penalty
ASIC 2021-04-28 2:31 pm By Miklos Bolza Sydney

The Commonwealth Bank of Australia is resisting a novel proposal by ASIC to use its CommBank app to notify 6.3 million customers of a $7 million fine against it for overcharging interest, saying the move would pose a “significant risk” to the public.

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Mediation success rates have ‘plummeted’ in COVID era, judge says
Catherine Button 2021-04-28 2:14 pm By Miklos Bolza Sydney

A judge has urged parties in a class action against Westpac over superannuation fees to hold an in-person mediation, saying that success rates have “plummeted” during the COVID-19 pandemic as more settlement talks are held virtually.

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Westpac to pay up to $30M to settle insurance class action
Alec Leopold 2021-04-28 10:19 am By Cat Fredenburgh Melbourne

Westpac has agreed to pay up to $30 million to settle a long-running class action over allegedly excessive insurance premiums which included a trip to the High Court that resulted in common fund orders being struck down in the early stages of class actions.

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Deloitte can’t shield retirement talk docs in $3.8M age discrimination suit
Accounting 2021-04-27 1:12 pm By Cindy Cameronne Sydney

Deloitte has failed to set aside a request for documents recording talks with partners about retirement after they turned 62, in a closely watched age discrimination lawsuit challenging the accounting firm’s mandatory retirement policy.

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Trustee of Mayfair’s IPO Wealth looks to dodge liability in $86M class action
ASIC 2021-04-26 5:53 pm By Miklos Bolza Sydney

The trustee of Mayfair Group’s collapsed IPO Wealth Fund has denied claims in a class action that it misled investors who lost $86 million when the fund was wound up, and says it is fully indemnified for the class action’s claims under an agreement with the fund.

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Westpac gets lion’s share of proceeds from ‘anxious’ sale of collapsed fintech Sargon Group
Andrew Roe 2021-04-26 4:04 pm By Miklos Bolza Sydney

Westpac will recoup the majority of proceeds from the $29.6 million sale of collapsed fintech Sargon Group, with a judge calling the company’s liquidators “anxious sellers” who sold at speed and well below market value.

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ASIC uncovers ‘deficiencies’ in advice by IOOF units
ASIC 2021-04-26 1:53 pm By Cat Fredenburgh Melbourne

An ASIC review has found that 17 per cent of clients of IOOF unit RI Advice may have been exposed to harm, one month after a judge found that one of its former advisors violated the law by steering investors towards risky investments.

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