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Westpac class action denied AUSTRAC docs while multiplicity issue unresolved
Class Actions 2020-04-17 3:40 pm By Alison Eveleigh Sydney

The second of two class actions brought against Westpac over alleged anti-money laundering breaches has been denied discovery of what the bank claims are commercially sensitive documents until the law firms behind the class actions work out how their competing cases will proceed.

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Judge tosses Viterra’s ‘wholly unreasonable’ bid to reopen Cargill case
Agriculture 2020-04-17 3:26 pm By Cat Fredenburgh Sydney

Grain handling group Viterra has been denied a post-hearing bid to reopen a lawsuit brought by Cargill Australia over its $420 million acquisition of Joe White, with a judge finding the application would lead to “substantial disruption and delay”.

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ASIC targets insurer Youi for taking two years to settle hail damage claim
ASIC 2020-04-16 3:38 pm By Cat Fredenburgh Melbourne

The Australian Securities and Investments Commission has taken action on another banking royal commission case study, filing court proceedings against insurer Youi for allegedly taking two years to settle a home owner’s hail storm claim.

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Judge not ready to toss defamation case against Twitter, Google over tweets
Associate Justice Melissa Daly 2020-04-16 1:58 pm By Miklos Bolza Sydney

A judge has refused to summarily dismiss a defamation case brought by a government worker against Twitter, Google and Yahoo over racist, homophobic, anti-Muslim and conspiratorial tweets resulting from an alleged identity theft.

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Judge ‘pleasantly surprised’ by virtual trials, refuses to delay GetSwift hearing
ASIC 2020-04-09 8:07 pm By Alison Eveleigh Sydney

A judge has refused to delay a civil penalty hearing brought by ASIC against GetSwift, scheduled to begin in June, after the logistics company argued that the virtual hearing necessitated by the COVID-19 pandemic would be prejudicial and the proceedings should be adjourned.

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Quintis reaches settlement in shareholder class action
Alexander Edwards 2020-04-09 7:53 pm By Christine Caulfield Sydney

Sandalwood producer Quintis has agreed to settle two class actions by shareholders, but the claims against company founder Frank Wilson and auditor EY will proceed for now.

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Former AMP general counsel says document claim ‘tantamount to extortion’
AMP 2020-04-08 1:48 pm By Miklos Bolza Sydney

A former general counsel who claims she was sacked from AMP after raising concerns about the company’s fees for no services conduct has mostly succeeded in her bid for further particulars of allegations made in the company’s defence, including a claim that she called “tantamount to extortion”.

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Mark Elliott’s firm has fees cut by ’embarrassing’ $2M as Murray Goulburn settlement approved
Agriculture 2020-04-07 4:42 pm By Miklos Bolza Sydney

A judge has signed off on a $37.5 million Murray Goulburn class action settlement but slashed $2 million in legal costs sought by Mark Elliott’s law firm, which is running the case.

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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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Surfstitch class action settlement amount slashed amid ‘very difficult retail environment’
Arnold Bloch Leibler 2020-03-25 1:54 pm By Miklos Bolza Sydney

Group members in two settled class actions against clothing retailer Surfstitch have been told the settlement amount available to them has plummeted amid a “very difficult retail environment”.

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