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Litigation must not descend into ‘staged trench warfare’, top judge tells ASIC, ANZ
Financial Services 2019-08-16 11:54 pm By Christine Caulfield

The Federal Court’s top judge has urged ASIC and ANZ to continue their “litigation good faith” in the corporate cop’s action over $35 million in allegedly illegal customer fees charged by the bank, and cautioned the two sides against slogging it out with a “staged trench warfare” mentality.

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Responsible lending class action against Westpac paused after ASIC loss
Class Actions 2019-08-16 10:10 pm By Christine Caulfield

After defeating the corporate regulator’s case alleging it breached responsible lending laws, banking giant Westpac has won a reprieve from lodging a defence in a related class action.

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ACCC raises concerns over Emergent, Oxford cold storage deal
Competition & Consumer Protection 2019-08-15 10:46 pm By Christine Caulfield

US cold storage giant Emergent Cold’s proposed takeover of rival Australian company AB Oxford faces scrutiny by the competition regulator, which has raised preliminary concerns that the deal would hike up prices and bring down service.

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Barclays, other banks in forex cartel class action must produce US case docs
Competition & Consumer Protection 2019-08-15 3:36 pm By Christine Caulfield

A judge has ordered a group of banks facing a competition class action over alleged foreign exchange rate-rigging to hand over documents they produced as part of settlement agreements in class actions in the US and Canada.

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Judge calls on ASIC, Austal to make ‘good faith’ effort to limit scope of privilege claims
Securities 2019-08-14 10:38 pm By Christine Caulfield

A judge has ordered ASIC and defence shipbuilder Austal to try to narrow the scope of documents at the centre of the regulator’s case challenging the company’s claims of legal professional privilege.

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Funder wants 25% of recovery in class action over ‘illusory’ vehicle warranties
Class Actions 2019-08-14 9:23 pm By Christine Caulfield

The funder behind a class action against a unit of car leasing company McMillan Shakespeare for allegedly engaging in unfair tactics when selling car warranties is seeking a 25 per cent cut of any settlement reached in the case.

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ACCC says five landmark cases against Google, Facebook ‘well advanced’
Competition & Consumer Protection 2019-08-13 9:41 pm By Christine Caulfield

The Australian Competition and Consumer Commission is preparing to launch five ground-breaking court cases against internet behemoths Google and Facebook, the regulator’s chair, Rod Sims, said Tuesday.

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Judge orders release of emails by lawyer who told ex-Secure Logic exec to destroy computer files
Privacy & Cybersecurity 2019-08-13 8:41 pm By Christine Caulfield

A judge has ruled that a former executive of cyber security firm Secure Logic Group, who took advice from a lawyer to destroy the contents of a personal computer that allegedly contained confidential infomation from the company, has waived legal professional privilege over the communication.

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Spruson & Ferguson nabs of counsel from Phillips Ormonde Fitzpatrick
Intellectual Property 2019-08-13 2:23 pm By Christine Caulfield

IP boutique Spruson & Ferguson has lured former Phillips Ormonde Fitzpatrick patent attorney Ken Bolton to join the firm’s Sydney office as of counsel.

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Old rivals, hungry new players power class action market
Business of Law 2019-08-12 11:27 pm By Christine Caulfield

Lawyerly’s inaugural class action report shows one plaintiffs firm dominating the field, running more than twice the active class actions as its nearest rivals. But a group of capable and ambitious firms are nipping at its heels.

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