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ASIC to challenge ‘uncertainty’ of Westpac responsible lending decision
Appeals 2019-09-10 9:07 pm By Amelia Birnie

The Australian Securities and Investments Commission has filed an appeal against the Federal Court’s responsible lending ruling in favour of Westpac, arguing the decision had created uncertainty around the obligations of credit providers.

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ACCC’s decision to block Vodafone, TPG merger ‘chock full of speculation’, court hears
Allens 2019-09-10 2:13 pm By Christine Caulfield

The competition regulator’s opposition to the proposed $15 billion merger of telecommunications companies Vodafone and TPG was based on “mere possibilities” and was “chock full of speculation”, the Federal Court heard Tuesday.

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Judge strikes out CIMIC class action claims pleaded in ‘factual vacuum’
Allens 2019-09-10 12:02 pm By Miklos Bolza

Engineering services company CIMIC has won a challenge to the pleadings in a shareholder class action against it, with the Federal Court striking out deficient paragraphs but giving the class a chance to replead.

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Property developer Ralan Group faces potential class action over collapse
Class Actions 2019-09-09 10:17 pm By Christine Caulfield

William Roberts Lawyers and a litigation funder are investigating potential claims by property purchasers and investors against Ralan Group after the developer entered administration and creditors were warned to “prepare for a poor outcome”.

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Holding Redlich lawyer tells ICAC he ‘would never advise a client’ to cover up illegal donations
Arthur Moses 2019-09-09 9:06 pm By Amelia Birnie

Holding Redlich national managing partner Ian Robertson has “categorically denied” that he advised the NSW Labor general secretary to cover up a $100,000 illegal political donation, telling ICAC that he “would never advise a client to behave in that manner”.

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Ex-Tennis Australia directors lose bid for ASIC chats with witnesses
Aaron Weinstock 2019-09-09 3:56 pm By Miklos Bolza

Two former directors of Tennis Australia can’t access chats between ASIC and other executives from the tennis body, with a judge finding the documents recording the communications with the potential witnesses were created in anticipation of litigation and were therefore privileged.

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James Cook University hit with $1.2M judgment for sacking climate skeptic
Benjamin Kidston 2019-09-06 9:34 pm By Miklos Bolza

A court has ordered James Cook University to pay over $1.2 million to a controversial climate change professor who was sacked in a manner the judge found “reprehensibly unfair” and an “egregious abuse of power”.

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‘I do not want a 100 per cent success rate’: ACCC boss reflects on recent court losses
Competition & Consumer Protection 2019-09-06 8:00 pm By Amelia Birnie

Recent high-profile court losses will do nothing to deter the competition and consumer watchdog according to ACCC boss Rod Sims, who says he “does not want a 100 per cent success rate” because it would mean the regulator was not being sufficiently aggressive.

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Westpac faces class action over ‘excessive’ super rates
Class Actions 2019-09-06 3:10 pm By Miklos Bolza

Two Westpac units have been hit with a class action over allegedly excessive superannuation interest rates,  the third class action filed as part of Slater and Gordon’s $1 billion ‘Get Your Super Back’ campaign.

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Estia Health seeks to strike out ‘defective’ class action pleadings
Class Actions 2019-09-05 9:24 pm By Miklos Bolza

Aged care provider Estia Health has launched a bid to strike out the pleadings in a Phi Finney McDonald-led shareholder class action, accusing the law firm of making “speculative allegations” in the hope of strengthening its case later on.

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