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A tale of two class actions: Helmed by same legal team, Murray Goulburn, Banksia cases chart different paths
Agriculture 2020-10-05 5:14 pm By Christine Caulfield Melbourne

The Murray Goulburn class action run by Elliott Legal bears similarities to the Banksia class action, a case rife with scandal and offered up by opponents as proof of the problems with the class action regime. The leading lawyers were the same in both cases. In one they have abandoned any claim to their fees and have walked away from their careers. In the other they walked away with $5 million.

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ASIC conflated conduct of GetSwift founders, court told
Alan Shearer 2020-09-30 9:39 pm By Christine Caulfield Melbourne

ASIC’s case against GetSwift and its founders Joel Macdonald and Bane Hunter makes accusations against both directors but relies on alleged conduct by only Hunter, a lawyer for Macdonald has told a court on the last day of trial in the corporate regulator’s case.

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Murray Goulburn class action judge considered revisiting case in light of Banksia scandal
Class Actions 2020-09-29 11:56 pm By Christine Caulfield Melbourne

The judge overseeing a settled class action against Murray Goulburn, which earned millions of dollars for the same legal team accused of serious misconduct in the running of the Banksia class action, invited the parties last month to reopen the case, concerned he had been misled when approving the lawyers’ costs.

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Full Federal Court to rule on common fund order question in 7-Eleven class actions
7-Eleven 2020-09-29 2:47 pm By Miklos Bolza Sydney

The Full Federal Court will weigh in on whether common fund orders can be made at settlement in two class actions against 7-Eleven, with a hearing scheduled for the same day the NSW Court of Appeal will hear arguments on the unresolved issue.

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Ex-AMP lawyer looks to strike out claim she ‘disparaged’ board
AMP 2020-09-21 5:25 pm By Alison Eveleigh Sydney

A former general counsel of AMP who claims she was sacked from the wralth management firm after raising concerns about its fees for no services conduct is looking to strike out defence claims that she “frequently and openly disparaged” the company’s board, as well as claims that she was being performance managed.

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Settlement reached in shareholder class action against Vocation, auditor PWC
Allen & Overy 2020-09-18 10:33 pm By Cat Fredenburgh Melbourne

A shareholder class action against Vocation that has spanned five years and spawned multiple cross claims against the failed training company’s auditor, law firm and individual directors, has reached an in-principle settlement.

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Judge recuses himself from patent spat over Melbourne parking detector
Automotive 2020-08-27 5:56 pm By Miklos Bolza Sydney

A  judge has stepped aside from a patent lawsuit brought by tech firm Vehicle Monitoring Systems over a parking system used by the City of Melbourne after finding there may be a “genuine perception” that he could not approach the case with an open mind.

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CBA hits back at ASIC conflicted remuneration case
Anna Wilson 2020-08-26 10:50 pm By Miklos Bolza Sydney

The Commonwealth Bank of Australia has denied that it received any benefits through the sale of its Essential Super product, rejecting claims by Australian Securities and Investments Commission that it breached the conflicted remuneration provisions of the Corporations Act.

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ASIC takes StatePlus to court over alleged fees for no service conduct
ASIC 2020-08-20 8:57 pm By Alison Eveleigh Sydney

The Australian Securities and Investments Commission has launched civil penalty proceedings against superannuation fund StatePlus over fees allegedly charged for services that were not provided to tens of thousands of members.

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Westpac units won’t defend ASIC fees for no service case
Alexandra Folie 2020-08-20 4:56 pm By Miklos Bolza Sydney

Two Westpac units have made admissions and said they would not defend proceedings brought by the Australian Securities and Investments Commission over fees charged for services that were not provided to hundreds of financial advice customers.

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