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ANZ says ASIC overreaching in case over ‘periodical payment’ fees
ANZ 2019-10-15 9:17 pm By Miklos Bolza Sydney

ANZ has rejected allegations by the financial regulator that $35 million in fees charged to customers for periodical payments between accounts was unlawful, saying the regulator’s case extended the scope of false and misleading representation claims.

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Election challengers subpoena ABC for Josh Frydenberg interview in front of Chinese posters
ABC 2019-10-11 9:25 pm By Miklos Bolza Sydney

Two petitioners challenging the election of Treasurer Josh Frydenberg and embattled Liberal MP Gladys Liu have subpoenaed the Australian Broadcasting Corporation and Sky News for interview footage in front of the Chinese language posters at the heart of the dispute.

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Insurer QBE claims Opal Tower cracking not ‘major’
Barry Nilsson Lawyers 2019-10-10 4:33 pm By Amelia Birnie Sydney

QBE Underwriting has defended its decision to deny insurance coverage to the builder of Sydney’s troubled Opal Tower development, claiming the cracking was not “major” and did not cause last year’s Christmas Eve evacuation.

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Election challenge against Josh Frydenberg, Gladys Liu may need three judges
Article 2019-09-24 8:50 pm By Miklos Bolza Sydney

A challenge against the election of federal Treasurer Josh Frydenberg and embattled Liberal MP Gladys Liu may be heard by a panel of three judges, Federal Court Chief Justice James Allsop said Tuesday, as the matter speeds towards a possible November hearing.

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Lloyd’s loses bid for quick dismissal of NAB’s $655M insurance lawsuit
Caryn Van Proctor 2019-09-23 8:46 pm By Cat Fredenburgh Sydney

Three syndicates of Lloyd’s London have failed in their bid to toss a case brought by National Australia Bank seeking £357 million ($655 million) in insurance claims relating to two consumer redress schemes in the UK.

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‘A very expensive lesson’: Ultra Tune to sue former auditors, lawyers over $2M franchising penalty
Chief Justice James Allsop 2019-09-20 11:58 am By Amelia Birnie Sydney

National car repair franchise Ultra Tune is preparing negligence suits against its former lawyers and auditors, after the company on Friday won a $590,000 reduction in a $2.6 million penalty for breaches of the Franchising Code of Conduct.

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Zoetis loses challenge over security for costs in horse vaccine class action
Appeals 2019-09-03 2:57 pm By Cat Fredenburgh Melbourne

The Full Federal Court has shot down a challenge to a ruling denying horse vaccine maker Zoetis’ application for security for costs in an unfunded class action brought on behalf of horse owners alleging the company failed to warn about the potential side effects of the Hendra virus vaccine.

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Crown can appeal ruling that freed Chinese employees to talk to lawyers
Appeals 2019-08-29 10:28 pm By Christine Caulfield Melbourne

Crown Resorts has been given the greenlight to challenge a court order allowing former employees to talk to lawyers for a class action over its business in China, but the class has another chance to make its case that the ruling should stand.

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CFMEU launches union-funded class action against Workpac
Adero Law 2019-08-21 4:47 pm By Amelia Birnie Sydney

The CFMEU will fund a landmark multi-million dollar class action against labour hire company Workpac seeking repayment of leave entitlements it claims are owed to more than 600 coalminers, in the latest casual employee challenge to hit the courts.

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Litigation must not descend into ‘staged trench warfare’, top judge tells ASIC, ANZ
ANZ 2019-08-16 11:54 pm By Christine Caulfield Melbourne

The Federal Court’s top judge has urged ASIC and ANZ to continue their “litigation good faith” in the corporate cop’s action over $35 million in allegedly illegal customer fees charged by the bank, and cautioned the two sides against slogging it out with a “staged trench warfare” mentality.

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