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Pitcher Partners says class, funder should foot the bill for flurry of cross-claims
Class Actions 2020-10-07 2:16 pm By Cat Fredenburgh

Pitcher Partners says the lead applicant in a discontinued class action over its auditing of Slater and Gordon should cover the costs for cross-claims it brought against nine parties, including the law firm and several of its former directors.

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A tale of two class actions: Helmed by same legal team, Murray Goulburn, Banksia cases chart different paths
Feature 2020-10-05 5:14 pm By Christine Caulfield

The Murray Goulburn class action run by Elliott Legal bears similarities to the Banksia class action, a case rife with scandal and offered up by opponents as proof of the problems with the class action regime. The leading lawyers were the same in both cases. In one they have abandoned any claim to their fees and have walked away from their careers. In the other they walked away with $5 million.

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Macquarie Bank on the hook for paying advisers leave entitlements
Employment 2020-10-02 10:40 pm By Christine Caulfield

Former Macquarie Bank financial advisers who claimed their commission pay structure left them shortchanged have won their case for back pay for annual and personal leave, in the first decision in a group of cases against the wealth manager.

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Michael Kodari can’t overturn $150,000 judgment for sacked bodyguard who sought legal advice
Employment 2020-10-02 3:49 pm By Miklos Bolza

Investment whiz Michael Kodari has lost his appeal of a $151,000 judgment awarded in favour of his former bodyguard, who lost his job — and his company Maserati — after wanting to seek legal advice about a new employment contract.

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ANZ to pay $10M for unconscionable conduct in charging illegal bank fees
Financial Services 2020-10-02 3:09 pm By Christine Caulfield

A judge has ordered Australia and New Zealand Banking Group to pay $10 million in penalties after finding that the bank engaged in unconscionable conduct and breached its obligations by slugging customers $3 million in periodic payment fees it was not entitled to charge.

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IOOF sacked communications chief after she revealed mental disability, suit says
Employment 2020-10-01 11:53 am By Cat Fredenburgh

The former communications chief for IOOF claims she was terminated after revealing she suffered from a mental disability and sought a less stressful role.

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Payday lender Cigno pocketed $78M in fees for unlicenced lending, ASIC claims
Financial Services 2020-09-30 5:02 pm By Christine Caulfield

Payday lenders Cigno and BHF Solutions are facing enforcement action by the corporate regulator alleging they breached the credit laws by lending to hundreds of thousands of consumers with a licence and charging $78 million in fees.

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Judge says video would be ‘inappropriate’ in Westpac class action opt out notice
Class Actions 2020-09-30 4:15 pm By Christine Caulfield

A judge has scrapped a proposed video link sought by Slater and Gordon to be included in an opt out notice to group members in a class action over alleged junk insurance sold by Westpac, saying the video had the “flavour” of promoting the proceeding.

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ASIC wins travel ban against advisor accused of impersonating clients for early super release
Financial Services 2020-09-28 1:36 pm By Christine Caulfield

The corporate regulator has secured temporary restraining orders against a financial advisor who is accused of impersonating clients to obtain early release of their superannuation funds and pocket a substantial fee for the service.

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Government rolls back responsible lending laws at centre of failed Westpac case
Financial Services 2020-09-25 1:15 pm By Cat Fredenburgh

The Morrison Government will ease responsible lending laws requiring banks to verify information from credit-seeking consumers, after the corporate regulator’s failed “wagyu and shiraz” case attacking Westpac’s lending practices.

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