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Lawyer’s meeting notes don’t belong to client, HWL Ebsworth tells court
Alastair Vincent 2021-04-29 2:20 pm By Christine Caulfield

A junior solicitor’s meeting notes during an ASIC investigation of ANZ did not belong to her client despite the lawyer billing for her attendance at the meeting, law firm HWL Ebsworth has argued before a skeptical judge.

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Herbert Smith Freehills lawyer appointed new head of ASIC
ASIC 2021-04-29 12:21 pm By Cat Fredenburgh

A Herbert Smith Freehills lawyer and former Deutsche Bank general counsel who previously led ASIC’s litigation and enforcement team has been appointed to replace the corporate regulator’s outgoing chair James Shipton.

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Group size trimmed in aged care class actions over COVID-19 outbreaks
Andrew Broadfoot 2021-04-28 9:07 pm By Cindy Cameronne

Staff members who worked for two Melbourne aged care providers will be removed as group members in class actions accusing the homes of negligently handling the coronavirus pandemic.

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WA premier chips away at Clive Palmer’s defence in border closure defamation case
Carmel Galati 2021-04-28 8:45 pm By Cindy Cameronne

A judge has partially struck out mining magnate Clive Palmer’s defence to WA Premier Mark McGowan’s defamation claim over statements which allegedly accused the premier of corruption, abusing his position and lying about the decision to close the state’s borders at the height of the COVID-19 pandemic last year.

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Judge puts class action lawyers on notice to reduce costs with junior barristers
Alec Leopold 2021-04-28 3:02 pm By Miklos Bolza

A Federal Court judge has ordered that a referee consider how junior barristers were used in assessing the legal costs in an insurance class action against Westpac which the bank has agreed to pay up to $30 million to settle.

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CBA warns of ‘danger’ in using app to alert customers to $7M penalty
ASIC 2021-04-28 2:31 pm By Miklos Bolza

The Commonwealth Bank of Australia is resisting a novel proposal by ASIC to use its CommBank app to notify 6.3 million customers of a $7 million fine against it for overcharging interest, saying the move would pose a “significant risk” to the public.

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Mediation success rates have ‘plummeted’ in COVID era, judge says
Catherine Button 2021-04-28 2:14 pm By Miklos Bolza

A judge has urged parties in a class action against Westpac over superannuation fees to hold an in-person mediation, saying that success rates have “plummeted” during the COVID-19 pandemic as more settlement talks are held virtually.

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Morrison government hit with Stolen Generations class action over child removals
Class Actions 2021-04-28 11:40 am By Cat Fredenburgh

The federal government has been hit with a class action on behalf of up to 6,000 Indigenous Australians seeking compensation for their forcible removal from their families in the Northern Territory from 1910 to the 1970s.

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Westpac to pay up to $30M to settle insurance class action
Alec Leopold 2021-04-28 10:19 am By Cat Fredenburgh

Westpac has agreed to pay up to $30 million to settle a long-running class action over allegedly excessive insurance premiums which included a trip to the High Court that resulted in common fund orders being struck down in the early stages of class actions.

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Refugee activist sued by Peter Dutton says his ‘rape apologist’ tweet was honest opinion
Baker McKenzie 2021-04-27 10:08 pm By Christine Caulfield

Defence minister Peter Dutton has brought defamation proceedings against a refugee activist who labelled Dutton a “rape apologist” on Twitter, but the activist says he was expressing an honest opinion and says politicians should have thicker skins.

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