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Citing coronavirus, judge orders limited discovery in ANZ, Westpac ‘junk’ insurance class actions
Noting the challenge of searching for documentary evidence while employees are working from home, a judge overseeing two consumer class actions against ANZ and Westpac has directed the banks to hand over only a limited number of documents to the applicants, and given them extra time to do it.
Real estate agents in ASIC’s crosshairs over super advice to tenants
Real estate agents advising tenants who may be unable to pay their rent to draw down their superannuation have raised the ire of the Australian Securities and Investments Commission, which warned they could be violating the Corporations Act.
Sparke Helmore says it should have to pay no more than $7.6M of IOOF judgment
Sparke Helmore has admitted that legal advice it provided to IOOF subsidiary Australian Executor Trustees was inadequate but has argued it should be responsible only for up to 10 per cent of the $76.6 million judgment against AET over the sale of a timber plantation by collapsed forestry giant Gunns Group.
Judge OKs notice in Westpac class action foreshadowing ‘expense sharing order’
A judge has approved a notice in a class action against Westpac alerting group members that an "expense sharing order" will be sought by the applicants if or when the case settles, the first ruling of its kind since the High Court struck down common fund orders.
Sparke Helmore equally responsible for $76M judgment against IOOF unit, court hears
Sparke Helmore is equally responsible for a $76.6 million judgment against IOOF subsidiary Australian Executor Trustees over the sale of a timber plantation by collapsed forestry giant Gunns Group, an appeals court heard Thursday.
AUSTRAC, Westpac still locked in settlement negotiations, court hears
Westpac is still locked in mediation with AUSTRAC over allegations that it committed over 23 million breaches of anti-money laundering and counter-terrorism financing laws, with the bank's hopes of moving to a penalty hearing in the early part of the year fading.
Group members to get policy cancellation info in NAB insurance class action settlement
A judge overseeing a class action against National Australia Bank over ‘junk insurance’ has ordered that potential group members be given information about cancelling the policies, but not before taking the applicants to task for not having the polices automatically cancelled as part of the $49.5 million settlement.
Ex-Storm Financial directors lose appeal, Full Court finds they breached their duties
The former directors of defunct financial advisory firm Storm Financial have failed in their appeal of a ruling that found they breached their duties to eleven vulnerable investors by providing a one-size-fits-all model of investment advice that was inappropriate.
Commonwealth Bank’s gripe with alleged whistleblower’s discovery bid ‘ridiculous’, judge says
A judge has criticised as "meretricious" and "ridiculous" opposition by Commonwealth Bank of Australia to a discovery application by a former general manager who claims he lost his job for blowing the whistle on alleged manipulation of staff bonuses.
Court forces ASIC to delay warning against Mayfair 101 despite COVID 19-stoked investment fears
A judge has ordered ASIC to wait 48 hours after making any decision to send a warning notice to investment conglomerate Mayfair 101 before publicly issuing the notice, despite the regulator's call for urgent action amid the COVID-19 pandemic.