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ASIC, ANZ gear up for battle over Ashurst advice in bank fees case
ANZ 2020-06-05 9:31 pm By Miklos Bolza Sydney

ASIC has launched a bid to gain access to legal advice provided by Ashurst to Australia and New Zealand Banking Group in the regulator’s case over $35 million in allegedly illegal bank fees.

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Westpac admits money laundering breaches, lax monitoring of suspicious customers
Allens 2020-05-15 11:15 pm By Christine Caulfield Melbourne

Westpac has admitted to millions of breaches of anti-money laundering and counter terrorism financing laws, and has told a court it did not adequately monitor transactions of customers linked to child exploitation.

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J&J won’t ask judge to recuse himself from pelvic mesh appeal
Appeals 2020-05-15 6:09 pm By Miklos Bolza Sydney

Medical device giant Johnson & Johnson has confirmed it will not seek the recusal of a Federal Court judge from a panel overseeing its pelvic mesh class action appeal, despite earlier raising concerns that he had seen privileged settlement communications.

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Judges’ schedules to be cleared as court expedites Johnson & Johnson pelvic mesh appeal
Appeals 2020-05-01 4:34 pm By Miklos Bolza Sydney

The top judge of the Federal Court plans to clear the schedules of three judges at the start of next year so they can hear and decide Johnson & Johnson’s challenge of a class action ruling that found its pelvic mesh devices were defective and awarded the lead applicants $2.6 million in damages.

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High Court takes up Westpac fight against ASIC personal advice case
Allens 2020-04-27 4:54 pm By Miklos Bolza Sydney

The High Court has agreed to hear a challenge by Westpac to a ruling in favour of ASIC that found the bank violated its duty to act in customers’ best interests during a superannuation rollover campaign, a case that could clarify the line between personal and general financial advice.

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Class mulls options for talking to jailed Crown employees after appeals court defeat
Chief Justice James Allsop 2020-04-22 6:20 pm By Miklos Bolza Sydney

The lead applicant in a shareholder class action against Crown Resorts is considering alternative options for examining 18 former jailed employees after an appeals court found communication with the employees was impermissible given confidentiality agreements they had with Crown.

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Tips from top barristers on litigating in a virtual courtroom
Adam Hochroth 2020-04-14 10:14 pm By Miklos Bolza Sydney

The novel coronavirus pandemic has forced Australian courtrooms into the virtual world, with many barristers and solicitors litigating via phone or video for the first time. Here, some of Australia’s top barristers offer tips on how to bring your A game into the virtual realm.

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Barristers to robe up at home for trial by videochat in ACCC case against Kogan
ACCC 2020-04-01 11:44 am By Miklos Bolza Sydney

Barristers for the ACCC and online retailer Kogan have been asked to robe up at home as the previously in-person trial shifts to videochat in response to the COVID-19 health crisis.

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Over and out: Chief Justice says protocol needed to prevent overtalking in virtual trials
ASIC 2020-03-31 4:20 pm By Miklos Bolza Sydney

The Chief Justice of the Federal Court says a system is needed to ensure parties don’t interrupt one another during virtual hearings, and noted the increase in online hearings brought on by the coronavirus may also free judges up to hear cases outside their registries.

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AUSTRAC, Westpac still locked in settlement negotiations, court hears
Allens 2020-03-30 9:51 pm By Alison Eveleigh Sydney

Westpac is still locked in mediation with AUSTRAC over allegations that it committed over 23 million breaches of anti-money laundering and counter-terrorism financing laws, with the bank’s hopes of moving to a penalty hearing in the early part of the year fading.

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