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Judge wrong to shut down MySuper class action, appeals court hears
Appeals 2021-09-27 9:01 pm By Miklos Bolza

A judge overstepped in throwing out a class action against two National Australia Bank units over alleged MySuper mismanagement because of a carveout in the Victorian Supreme Court Act which bars class actions involving trust property, an appeals court has heard.

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Lawsuit accuses AMP of refusing to honour $955K buyout agreement
Financial Services 2021-09-27 10:11 pm By Bianca Hrovat

A retired financial planner has filed a lawsuit accusinf AMP of using “unfair tactics” to avoid coughing up close to a million dollars allegedly owed under a buyout option exercised in November 2019.

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Funder’s critical intervention in liquidator’s case leaves it on hook for costs
Restructuring & Insolvency 2021-09-24 2:50 pm By Bianca Hrovat

A judge has issued a stern warning to litigation funders seeking to take a “gamble” on pending court proceedings, ruling they could be held liable for costs if their intervention proves critical to the advancement of the case.

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Forum Finance director faces $300,000 legal bill, can’t mount defence, court told
Financial Services 2021-09-22 9:42 pm By Cindy Cameronne

A Forum Finance director is unable to file a defence against Westpac’s $400 million fraud case because his former solicitor has refused to hand over case files to his new lawyers until he pays a “remarkable” $300,000 legal bill, a court has heard.

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Freezing order imposed in $10.3M case against Blockchain Global
Financial Services 2021-09-22 4:41 pm By Cindy Cameronne

Investors have won a bid to freeze the assets of cryptocurrency exchange platform operator Blockchain Global after it allegedly stole $10.3 million from ninety-four traders.

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Keybridge Capital takes lawyers to court over $600,000 in fees
Business of Law 2021-09-20 10:33 pm By Christine Caulfield

Investment firm Keybridge Capital has brought action in court seeking to set aside a statutory demand for $165,000 issued by its former law firm and calling for an assessment of over $600,000 in legal bills.

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Judge’s patience for ‘flipping and flopping’ prosecutors in ANZ cartel case wearing thin
Competition & Consumer Protection 2021-09-16 8:47 pm By Cindy Cameronne

A judge has questioned whether he should allow prosecutors to amend charges against ANZ and its treasurer in a criminal cartel case over a $2.5 billion share placement after the bank argued the charges were defective and should be quashed.

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Contingency fee law to blame for failure of first class action GCO bid
Class Actions 2021-09-16 11:27 pm By Christine Caulfield

A ruling this week that rejected the first application for a group costs order in a class action because the applicants were better off with their existing no win, no fee arrangement was the right decision given the limits of the legislation, experts say.

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CBA to plead guilty to 30 criminal charges over sale of consumer credit insurance
Financial Services 2021-09-16 2:11 pm By Christine Caulfield

The Commonwealth Bank will plead guilty to criminal charges following an ASIC investigation over misleading representations to customers who purchased add-on consumer credit insurance.

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‘Serious neglect’: Disciplinary board cancels Halifax auditor’s registration
Financial Services 2021-09-16 3:59 pm By Bianca Hrovat

The former lead auditor of stockbroker Halifax Investment Services, whose 2018 collapse resulted in $200 million in investor losses, has had his registration cancelled following an application by the Australian Securities and Investments Commission.

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