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Judge vacates Westpac insider trading trial despite ‘misgivings’
Financial Services 2021-07-26 2:46 pm By Miklos Bolza

A judge has vacated next year’s trial in ASIC’s insider trading case against Westpac despite “misgivings”, and has made orders regarding confidential evidence after the Australian financial watchdog argued that handing the material to the bank could damage its relationship with its Hong Kong counterpart.

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CBA class action applicant can’t share in group members’ privilege, court finds
Class Actions 2021-07-27 6:10 pm By Miklos Bolza

The lead applicant in a class action against CBA does not have the right to view fund management documents relevant to the case despite representing group members who share joint privilege with the bank over material, a judge has said, acknowledging the decision could create difficulties in class action proceedings.

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Canberra eyed as possible new venue for Ben Roberts-Smith’s defamation trial
Trials 2021-07-23 10:53 pm By Cindy Cameronne

Canberra has been floated as a potential new venue for the trial in former SAS soldier Ben Roberts-Smith’s defamation case as Sydney’s COVID-19 outbreak worsens, but a judge has said moving the hearing created “real difficulties”.

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Google to try its hand at staying Epic Games competition suit after Apple fails
Competition & Consumer Protection 2021-07-23 1:41 pm By Cat Fredenburgh

Google is pressing forward with an application to stay Fortnite game maker Epic Games’ competition lawsuit over its Google Play store terms, despite the Full Court rejecting a similar move by Apple.

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Sydney man defamed by Fairfax hit-and-run story loses bid to up damages 
Defamation 2021-07-22 10:24 pm By Bianca Hrovat

An appeals court  has thrown out an appeal by a Sydney man who sought greater damages for being incorrectly named in media reports as the driver in a fatal hit-and-run.

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Judge lashes Forum Finance director’s failure to comply with court orders
Financial Services 2021-07-22 9:57 pm By Miklos Bolza

A judge has issued an ultimatum to Forum Finance director Bill Papas for his “entirely unsatisfactory” conduct in failing to provide details of personal assets while defending three lawsuits that accuse him of being behind a $400 million fraud.

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Westpac’s profits relevant, judge says in imposing $3M fees-for-no-service penalty
Financial Services 2021-07-22 9:35 pm By Christine Caulfield

Westpac has been ordered to pay $3 million after two subsidiaries admitted misleading hundreds of superannuation customers about the financial adviser fees they were charged, a penalty that took into account the Big Four bank’s massive profits.

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Class action firm wants to intervene in FWO’s ‘entirely misconceived’ case against Woolworths
Employment 2021-07-22 3:46 pm By Cindy Cameronne

Employment class action law firm Adero Law is seeking to intervene in the Fair Work Ombudsman’s action against Woolworths, saying the “misconceived” proceedings have disrupted mediation in a class action against the supermarket chain for which 3,000 employees have registered.

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Amazon, eBay, Kogan in ACCC’s sights in digital platforms inquiry
Competition & Consumer Protection 2021-07-22 10:57 am By Miklos Bolza

The ACCC will probe potential competition and consumer concerns over online retail platforms eBay, Amazon, Kogan and Catch.com.au, and has called for submissions as part of its ongoing inquiry into digital platform services.

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Judge lets two Boral class actions run, but warns about potential lawyer conflicts
Class Actions 2021-07-21 11:59 pm By Cat Fredenburgh

A judge has denied a law firm’s bid to stay a rival’s closed shareholder class action against construction giant Boral but warned courts must be alive to the potential for conflicts where lawyers stand to reap “very significant financial awards” from class action proceedings.

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