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Takata airbags class actions confirm landmark challenge to class closure order
Allens 2019-12-17 10:50 pm By Miklos Bolza Sydney

The applicants in a group of class actions over defective Takata airbags are pushing ahead with a challenge to the power of the NSW Supreme Court to issue class closure orders in the aftermath of a High Court decision shooting down common fund orders, a fight that could send the cases back to the High Court. 

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APRA begins probe of Westpac over ‘substantial gaps in risk governance’
Allens 2019-12-17 3:31 pm By Cat Fredenburgh Melbourne

The Australian Prudential Regulation Authority has flagged potentially “substantial gaps in risk governance” by Westpac as it formally kicked off an investigation into the bank and its executives for potential breaches of the Banking Act.

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Magistrate in ANZ cartel case shuts down ‘back door’ bid to expand JPMorgan witness grilling
ACCC 2019-12-13 4:46 pm By Miklos Bolza Sydney

A magistrate has dismissed a bid to expand the cross examination of a JPMorgan witness in the closely watched criminal cartel case over a $2.5 billion ANZ share placement, calling it a “back door” attempt to bypass a prior court ruling.

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‘I’m getting awful close to ending my life’: Magistrate despairs as ANZ cartel hearing blows out
ACCC 2019-12-12 7:49 pm By Miklos Bolza Sydney

A committal hearing in the ANZ cartel case may run a further nine days next year due to ongoing arguments about subpoenas and privilege, which have derailed five planned days of cross-examination of key witnesses and led a Local Court Magistrate to proclaim she was “awful close” to ending her life.

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Westpac asks High Court to hear personal advice case
Allens 2019-12-11 11:08 pm By Cat Fredenburgh Melbourne

Westpac has filed a special leave application with the High Court seeking further clarity on the line between personal and general advice under financial services laws, after an appeals court handed ASIC a significant win in finding the bank violated its duty to act in its customers’ best interests during a superannuation rollover campaign.

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Suncorp unit can force reversal of Coverforce acquisition, court says
Allens 2019-12-10 9:52 pm By Christine Caulfield Sydney

The head of Australia’s largest unlisted insurance broker, Coverforce, may face a future damages claim for misleading or deceptive conduct if a recent acquisition of former Suncorp unit Resilium is not reversed, a court has found.

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Banks want to grill ANZ cartel case witnesses on late evidence by ACCC
ACCC 2019-12-10 6:58 pm By Miklos Bolza Sydney

The banks and executives facing criminal charges over alleged cartel conduct related to ANZ’s $2.5 billion share placement in 2015 will fight to widen their cross-examination of key ACCC witnesses after new information was brought to light in late submissions by the regulator.

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AUSTRAC case against Westpac speeds towards penalty hearing
Allens 2019-12-09 9:44 pm By Miklos Bolza Sydney

AUSTRAC’s lawsuit against Westpac over 23 million alleged breaches of money laundering and counter-terrorism laws is racing towards a possible February penalty hearing, with the bank largely in agreement with the regulator on its liability.

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JPMorgan witness disputed existence of ANZ cartel ‘agreement’ court hears
ACCC 2019-12-06 9:45 pm By Miklos Bolza Sydney

A key witness from JPMorgan previously contested claims by the ACCC that a key component of an alleged cartel arrangement between four major banks around a $2.5 billion institutional share placement by ANZ was actually an ‘agreement,’ as opposed to a series of independent decisions, a court has heard.

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JPMorgan witnesses grilled as banks seek to poke holes in ANZ cartel case
ACCC 2019-12-05 9:21 pm By Miklos Bolza Sydney

Two key witnesses from JPMorgan have been grilled by lawyers for three major investments banks named in a high-stakes criminal cartel case as the banks seek to cast doubt on how the ACCC gathered evidence during its almost two-year cartel investigation.

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