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High Court takes up Westpac fight against ASIC personal advice case
The High Court has agreed to hear a challenge by Westpac to a ruling in favour of ASIC that found the bank violated its duty to act in customers' best interests during a superannuation rollover campaign, a case that could clarify the line between personal and general financial advice.
Scenic Tours passengers can claim damages for disappointment, High Court rules
Passengers on a European river cruise operated by Scenic Tours can claim damages for disappointment after they were forced to take buses for most of their luxury tour, the High Court has ruled.
High Court may pick apart choice of Maurice Blackburn in AMP class action contest
The power of courts to choose a single winner from a contest of competing class actions is not the likely target of the High Court in taking up a challenge to last year's beauty parade of shareholder proceedings against AMP, but the analysis behind the decision to award Maurice Blackburn the prize could face scrutiny, experts say.
High Court takes up challenge to AMP class action beauty parade
The High Court has agreed to weigh in on a decision last year to pick Maurice Blackburn's case as the winner of a beauty parade of shareholder class actions against AMP over the wealth manager's controversial fees for no service.
Bega triumphs again in $60M battle over peanut butter IP rights
Kraft has lost an appeal in its high-stakes legal battle against Bega over the right to use its distinctive peanut butter trade dress in Australia.
Judge should be commended for ‘judicial economy’, Pacific National tells court in ACCC appeal
Pacific National has defended a decision by a judge to accept an undertaking and rule against the ACCC in its competition case over the rail operator's acquisition of a major freight terminal in Queensland, saying the ruling was structured with "commendable judicial economy".
Judge overstepped in accepting Pacific National undertaking, ACCC tells appeals court
The judge who dismissed the ACCC's challenge to Pacific National's acquisition of Aurizon's Acacia Ridge Terminal in Queensland had no power to accept an undertaking by the rail operator as an answer to the competition regulator's case, an appeals court has been told.
Dover can seek access to ASIC files in bid to prove ‘Orwellian’ client protection policy harmed no one
Defunct Dover Financial, which faces a penalty hearing next year after it was found to have misled customers with an inaptly titled ‘client protection policy’, can bring an application for evidence from the corporate regulator that the policy did not harm anyone.
Common fund orders in class actions dealt fatal blow by High Court
Judges have no power to order all class action members to pay a proportion of a litigation funder’s commission out of their share of a settlement, the High Court has ruled in a landmark judgment that deals a huge defeat to litigation funders.
All eyes on High Court as ruling on common fund orders looms
The High Court is poised this week to issue its judgment in a case challenging the validity of common fund orders in class actions, a ruling that could see litigation funding commission rates creep back up after hitting record lows.