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‘Not a single note’: ACCC accused of avoiding disclosure in ANZ cartel case
ACCC 2020-07-21 11:18 pm By Miklos Bolza Sydney

The ACCC’s investigatory techniques have come under fire during a hearing over an alleged criminal cartel agreement between ANZ and two investment banks, with a barrister for one of the banks suggesting investigators from the regulator deliberately did not take notes during hundreds of days of witness interviews to avoid disclosure.

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Judge slams opt out notice, ‘disturbing’ funder letter in Suncorp class action
Chris McMeniman 2020-07-21 10:40 pm By Alison Eveleigh Sydney

A judge overseeing a class action against Suncorp over alleged conflicted remuneration has questioned a proposed opt out notice telling group members they should sign up with the funder backing the case or it might not proceed.

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JPMorgan disputed existence of cartel agreement with ANZ, court hears
ACCC 2020-07-20 8:31 pm By Miklos Bolza Sydney

Despite receiving immunity in a criminal cartel case against ANZ and two other investment banks, JPMorgan has disputed the existence of any cartel agreement since the early days of the ACCC’s investigations, a court has heard.

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IOOF admits head of research had underlings take his compliance training
Class Actions 2020-07-20 6:09 pm By Christine Caulfield Melbourne

IOOF has admitted that some allegations in an employee complaint at the centre of a shareholder class action were “substantially true”, including claims that it overstated the performance of its ‘Buy Model’ investment portfolio and that its head of research instructed subordinates to complete his training courses for him.

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Medibank ordered to pay $5M for misleading members over coverage for critical surgery
ACCC 2020-07-16 1:20 pm By Christine Caulfield Melbourne

A judge has ordered private health insurer Medibank to pay $5 million in penalties for rejecting the claims of hundreds of members who were entitled to coverage for critical medical procedures, including spinal surgery.

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P&G says stores will stop stocking its whitening toothpaste if Colgate case isn’t fast tracked
Competition & Consumer Protection 2020-07-15 6:30 pm By Alison Eveleigh

Personal care giant Procter & Gamble has told a court that some of its Oral B teeth whitening products may be taken off retailer’s shelves if its lawsuit, which alleges competitor Colgate-Palmolive made misleading claims that its whitening toothpaste can remove 10 years of stains, is not expedited.

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What barristers love and loathe about their instructing solicitors
Ashurst 2020-07-14 8:00 pm By Miklos Bolza Sydney

When it comes to briefing barristers, solicitors lie on a spectrum of awesome to irksome. In a series of interviews with Lawyerly, some of Australia’s top counsel reveal what they like and what they don’t like about their instructing lawyers.

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Seqwater appeals 50 percent damages ruling in Queensland floods class action
Appeals 2020-07-14 7:42 pm By Christine Caulfield Melbourne

Dam operator Seqwater is challenging a decision that put it on the hook for 50 per cent of any damages payouts to thousands of members of a long-running class action over the 2011 floods that destroyed 2,000 Queensland homes.

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False teeth claims: Procter & Gamble sues Colgate over whitening toothpaste
Competition & Consumer Protection 2020-07-07 10:00 pm By Alison Eveleigh Sydney

Personal care giant Procter & Gamble has filed a lawsuit alleging competitor Colgate-Palmolive has violated the consumer law by falsely claiming that its whitening toothpaste can remove 10 years of stains.

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Dentons can’t block use of info from its class action in latest toxic foam case by Shine
Alicia Lyons 2020-06-30 4:47 pm By Cat Fredenburgh Melbourne

Shine Lawyers has been given the go ahead to use two reports produced in three settled PFAS class actions as evidence in its latest case over the Defence Department’s firefighting foam, with a judge saying any implied undertaking not to re-use the material lost force when the information became public.

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