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ASIC loses case against super trustee Diversa over banned advisor
Financial Services 2023-10-24 10:27 am By Sam Matthews

A judge has dismissed court proceedings brought by the corporate regulator against superannuation trustee Diversa over its alleged failure to oversee a now-banned financial adviser, ruling that the knowledge of downstream entities could not be attributed to Diversa.

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Competing Qantas class action on the cards, court urges firms to avoid fight
Competition & Consumer Protection 2023-10-12 10:59 am By Cindy Cameronne

A second law firm is likely to throw its hat in the ring to run a competing class action against Qantas over flight cancellations in the COVID-19 pandemic, but a judge has made orders trying to side-step a carriage fight, criticising them as “wasteful and expensive”. 

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ANZ cops $15M penalty in ASIC case over cash advance fees
Financial Services 2023-09-26 10:27 am By Cindy Cameronne

A judge has ordered ANZ to pay a $15 million agreed penalty in a case over more than $10 million in cash advance fees charged to the credit card accounts of hundreds of thousands of customers.

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Judge approves $6.88M CFO in $25M Fonterra class action settlement
Class Actions 2023-09-21 11:56 pm By Cat Fredenburgh

A judge has approved a common fund order awarding $6.88 million to the funder behind a class action against Fonterra that settled for $25 million, opting not to wait for a much-anticipated appeals court ruling on the power to make CFOs at settlement.

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High Court to hear appeal of ACCC’s unconscionable conduct win against college
Competition & Consumer Protection 2023-09-15 4:54 pm By Cindy Cameronne

The High Court has granted defunct online educator Captain Cook College special leave to appeal a finding that it engaged in systemic unconscionable conduct by enrolling thousands of unsuitable students, who accrued $60 million in debt but never finished their courses. 

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Judge OKs $50M settlement, $2.5M Deloitte fee in CBA class action
Class Actions 2023-09-15 10:45 pm By Sam Matthews

A judge has approved a $50 million settlement in a class action against the Commonwealth Bank over allegedly worthless consumer credit insurance after his concerns about a $2.5 million deduction for Deloitte were allayed.

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ACCC calls for $10M penalty against Honda for misleading customers
Competition & Consumer Protection 2023-09-05 11:37 pm By Sam Matthews

The consumer regulator has asked a judge to impose penalties of almost $10 million  against Honda Australia for misleading the customers of two former authorised dealerships, a penalty up to 10 times what the car maker says it should pay.

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Deloitte’s $2.5M bill in CBA class action holds up settlement approval
Financial Services 2023-08-04 2:08 pm By Sam Matthews

A judge asked to approve a $50 million settlement in a consumer credit insurance class action against the Commonwealth Bank has questioned a $2.5 million deduction for professional services firm Deloitte.

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Judge approves ANZ class action settlement, signs off on ATE insurance cost
Financial Services 2023-08-02 11:16 pm By Christine Caulfield

ANZ’s $47 million settlement of a class action over its consumer credit insurance has been given the nod by a judge, who has also approved recovery of the cost of after-the-event insurance held by the law firm running the case.

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Super trustee Diversa can’t dodge blame for banned financial adviser, court told
Trials 2023-07-31 10:02 pm By Sam Matthews

The Australian Securities and Investments Commission has told a trial judge that superannuation trustee Diversa can’t hide behind outsourcing arrangements to explain its alleged failures to oversee a now-banned financial adviser accused of luring vulnerable customers into signing up to Diversa accounts.

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