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ASIC takes NAB to court over $365k in account fees
ANZ 2021-02-25 1:46 pm By Miklos Bolza Sydney

ASIC has launched court proceedings against National Australia Bank accusing the bank of engaging in unconscionable conduct by charging more than $365,000 in fees to which it was not contractually entitled.

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Monash IVF raises ‘serious questions’ about validity of class action
Andrew Fraatz 2021-02-25 12:27 pm By Miklos Bolza Sydney

Fertility clinic Monash IVF says there are “serious questions” about whether a class action that accuses it of destroying viable embryos was validly commenced as a class action.

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Lawyer accused of ‘abysmal arrogance’ wins appeal of $360,000 defamation award
Appeals 2021-02-24 11:35 pm By Cat Fredenburgh Melbourne

A lawyer who a judge accused of “abysmal arrogance and sense of privilege” has won her appeal of a ruling ordering her to pay $360,000 to her Balmain neighbour after a long-running property dispute culminated in an allegedly defamatory interview that was broadcast to over one million TV viewers on A Current Affair.

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Accused fraudster Melissa Caddick spent every cent of investors’ money, liquidator says
ASIC 2021-02-24 10:56 pm By Christine Caulfield Melbourne

Missing Sydney businesswomen Melissa Caddick was “meticulous and systematic” in generating fake financial records but never made a single investment, pocketing tens of millions of dollars from unwitting family and friends, liquidators say.

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Court to hear another COVID-19 business interruption test case
Class Actions 2021-02-24 10:00 pm By Cat Fredenburgh Melbourne

A group representing insurers has filed another test case over pandemic coverage in business interruption policies, following a landmark loss in a test case concerning an infectious disease exclusion that could cost insurers $10 billion.

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Judge to hear first application for group costs order in ANZ, Westpac class actions
Alistair Pound 2021-02-24 6:24 pm By Spencer Fowler Steen Melbourne

The first ever application for a group costs order will be heard in class actions against ANZ and Westpac, and the judge weighing the application has urged the parties to think carefully about the evidence they will submit in support of their bid for a cut of any settlement or judgment.

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Baker McKenzie repped client for two and half years that did not exist, court told
Baker McKenzie 2021-02-24 5:59 pm By Miklos Bolza Sydney

For two and a half years, law firm Baker McKenzie represented a client in class action litigation over allegedly defective pelvic mesh products that did not exist, a court has heard.

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$27M settlement rejected in pelvic mesh class action, group members may learn
Baker McKenzie 2021-02-24 5:51 pm By Miklos Bolza Sydney

The rejection of a $27 million settlement offer in a class action over American Medical Systems’ pelvic mesh products may be included in a proposed opt out notice, with a judge mulling whether to inform group members about a little used law which allows one lead applicant to take over from another.

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Herbert Smith Freehills advice to Horizon Oil protected by privilege, judge rules
AUSTRAC 2021-02-24 4:58 pm By Cindy Cameronne Sydney

Horizon Oil has won its bid to shield Herbert Smith Freehills documents advising the company did not breach foreign bribery laws from being revealed in a defamation lawsuit brought against Fairfax Media by a Papua New Guinea government Minister.

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a2 Milk trade mark disputes with Lion Dairy near settlement, court told
Baker McKenzie 2021-02-23 5:09 pm By Spencer Fowler Steen Melbourne

Two high stakes lawsuits brought by a2 Milk Company against rival dairy producers over the use of a2 as a trade mark are “very likely” to reach resolution next week, a court has heard.

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