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ASIC won’t appeal Westpac responsible lending case to High Court
Appeals 2020-07-22 2:56 pm By Christine Caulfield Melbourne

ASIC has dropped its fight with Westpac over the bank’s financial assessment of home loan borrowers following political pressure, citing the “challenging economic circumstances”.

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ASIC pushes for $15M fine in NAB ‘Introducer’ case, but judge questions scope of investigation
Amelia Avery-Williams 2020-07-20 9:21 pm By Alison Eveleigh Sydney

ASIC has called for a $15 million penalty against National Australia Bank over its scandal-ridden ‘Introducer’ loan referral program, but a judge has questioned the “superficial” investigations in the case and remarked on the corporate regulator’s “pattern” of bringing enforcement action after remediation programs were well underway.

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Sham contracting class action against Appco close to settling, court told
Adero Law 2020-07-20 2:40 pm By Christine Caulfield Melbourne

A ‘sham contracting’ class action against fundraiser Appco, said to be worth $90 million, could be settled in two weeks, the lawyer for the lead applicant told a judge on Monday.

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Elaine Stead says in-person mediation ‘waste of time’ in Nine defamation case
Banki Haddock Fiora 2020-07-16 12:24 pm By Miklos Bolza Sydney

Venture capitalist Elaine Stead has refused to go into a second round of mediation in her defamation case against the Nine-owned Fairfax Media Publications saying it would be a “waste of time”.

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‘Horrendous class action journey’: BoQ case should be focus of inquiry, group members say
ASIC 2020-07-15 11:23 pm By Miklos Bolza Sydney

Elderly victims of Ponzi schemer Bradley Sherwin have told the government’s class action inquiry of their “horrendous class action journey”, which led to a “pathetic outcome” in which the majority of a $12 million settlement with the Bank of Queensland went to the law firm and funder behind the case.

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Herbert Smith Freehills data causes controversy at class action inquiry
Class Actions 2020-07-13 11:11 pm By Miklos Bolza Sydney

A hearing in the Federal Government’s latest inquiry into class actions kicked off Monday with attacks on the credibility of one of the heads of Liberal think tank the Menzies Research Centre, who was excoriated by a Labor senator for providing “unsubstantiated” data from Herbert Smith Freehills that group members receive on average 39 per cent of class action proceeds.

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Judge warns ‘real persuasion’ needed to expand GetSwift class action 2 months from trial
Class Actions 2020-07-13 9:00 pm By Alison Eveleigh Sydney

A judge has warned counsel leading a shareholder class action against logistics provider GetSwift that “real persuasion” would be needed to convince him to allow the class to expand its case two months out from trial.

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Judge ‘regrettably’ postpones Boral class action beauty parade in light of High Court challenge
Alicia Lyons 2020-07-10 10:27 pm By Miklos Bolza Sydney

A judge has pushed off a heated contest between law firms vying to lead a shareholder class action against construction giant Boral for what could be a year as a landmark High Court challenge plays out.

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Westpac’s call for update on class action funding shot down by judge
Alec Leopold 2020-07-10 5:13 pm By Miklos Bolza Sydney

A judge on Friday dismissed Westpac’s bid for an update from litigation funder JustKapital as to whether it continues to financially back a class action against the bank over allegedly excessive insurance premiums.

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‘Let down’ by own lawyers: Family of MH17 victim wins appeal after being shut out of class action
Anthony McInerney 2020-07-07 10:40 pm By Alison Eveleigh Sydney

The parents of an Australian national who was killed aboard Malaysia Airlines flight MH17 have successfully appealed a decision blocking them from participating in the settlement of a class action, with an appeals court judge describing as “disturbing” the conduct of their legal team in the group proceeding.

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