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‘Completely futile’: ASIC resists mediation push from judge concerned about cost of IOOF trial
ASIC 2021-02-08 12:25 pm By Spencer Fowler Steen Melbourne

A judge has ordered ASIC to enter mediation before heading into a “very expensive” trial with an IOOF subsidiary accused of giving shonky advice, over objections from the regulator that mediation would be “completely futile”.

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Judge OKs $9.5M McMillan Shakespeare settlement despite funder, lawyers taking bulk
ASIC 2021-02-05 5:29 pm By Spencer Fowler Steen Melbourne

A judge has approved a $9.5 million settlement in a class action against McMillan Shakespeare as fair and reasonable, allowing a common fund order and a nearly 30 percent commission for the litigation funder despite previously raising “real concerns” about the small portion flowing to group members.

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ACCC secures $83.5M in fines over vehicle shipping cartel
ACCC 2021-02-04 10:43 pm By Cat Fredenburgh Melbourne

Norwegian shipping company Wallenius Wilhlmsen Ocean has been fined $24 million for conspiring to fix the rates charged for shipping vehicles to Australia, bringing the total fines won by the ACCC over the shipping cartel to $83.5 million.

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High Court rejects Westpac’s ‘gloss’ on financial product advice statute
Allens 2021-02-03 10:51 am By Christine Caulfield Melbourne

The High Court has dismissed an appeal by Westpac challenging a ruling that found the bank breached its duties to customers by providing personal financial advice as part of a telephone campaign encouraging customers to roll over external superannuation accounts.

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Monster Energy challenges loss of ‘Motherland’ trade mark
Advertising 2021-02-02 2:34 pm By Cat Fredenburgh Melbourne

Monster Energy, which makes Mother brand energy drinks, has appealed a ruling from IP Australia that granted rival caffeinated beverage maker Vittoria Food & Beverage’s application for the removal of Monster’s ‘Motherland’ trade mark for non-use.

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Funder likens itself to pinata in hearing over $9.5M class action settlement
ASIC 2021-02-01 7:15 pm By Spencer Fowler Steen Melbourne

The funder behind a class action against McMillan Shakespeare has warned against the court beating it up like a ‘pinata’ in a settlement approval hearing in which the judge expressed “real concerns” about the portion of a $9.5 million settlement earmarked for group members.

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Herbert Smith Freehills lures esteemed competition partner from Clayton Utz
ACCC 2021-02-01 5:47 pm By Cat Fredenburgh Melbourne

Herbert Smith Freehills has snagged one of the country’s leading competition lawyers who advised on two of the biggest and most contentious mergers in recent years from rival Clayton Utz to join its market-leading competition and trade practices group.

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ASIC secures court order to wind up Mayfair 101 unit
ASIC 2021-01-29 10:07 pm By Christine Caulfield Melbourne

A judge has ordered the winding up of M101 Nominees, the issuer of $67 million in notes promoted by James Mawhinney’s failed Mayfair 101, which is alleged to owe investors over $211 million.

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High Court set to deliver judgment in Westpac’s appeal of personal advice ruling
Allens 2021-01-29 3:49 pm By Miklos Bolza Sydney

The High Court will hand down its ruling Wednesday in a high-stakes case between ASIC and Westpac that is expected to clarify the line between personal and general financial advice.

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ASIC chair James Shipton to step down despite being cleared in relocation expenses review
ASIC 2021-01-29 3:15 pm By Miklos Bolza Sydney

ASIC chair James Shipton will step down from his role despite being cleared by an independent review into $118,000 in payments related to his relocation from the US in 2018.

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