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Frydenberg says not so fast on post-Hayne Commission reforms
Financial Services 2019-01-22 10:17 pm By Cat Fredenburgh

Treasurer Josh Frydenberg said new laws may not be needed to remedy the cracks in the  financial system laid bare during the Hayne Royal Commission. 

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Deep Investments’ case over $10M in share trading losses shut down
Financial Services 2019-01-22 1:32 pm By Miklos Bolza

An appeals court has shut down a case brought by investment adviser Deep Investments against a solicitor and six others over $10 million in alleged share trading losses, saying the proceedings were an abuse of process.

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Judge tosses Cash Converters’ ‘singular’ bid for recusal from settlement hearing
Class Actions 2019-01-18 10:41 pm By Christine Caulfield

A judge has shot down a bid by Cash Converters to recuse himself from hearing arguments for a $16.4 million class action settlement, saying his advice while still a barrister to the law firm running the proceedings did not give rise to apprehended bias.

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Herbert Smith Freehills to represent AMP in ASIC suit over Clayton Utz docs
Business of Law 2019-01-18 9:55 pm By Cat Fredenburgh

AMP has retained Herbert Smith Freehills — one of its go-to law firms — to represent it in legal proceedings by the Australian Securities and Investments Commission seeking documents from Clayton Utz as part of an ongoing investigation of the wealth manager’s fees-for-no-service conduct.

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Activist suing super fund REST over climate change plan can’t cap adverse costs
Financial Services 2019-01-18 3:29 pm By Cat Fredenburgh

An ecological landscaper suing the Retail Employees Superannuation Trust fund for an undeveloped climate change policy has lost an application for a maximum costs order in the public-interest case.

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Judge was wrong to halt cross-examination in Octaviar class action, court hears
Class Actions 2019-01-17 9:00 pm By Miklos Bolza

A judge that dismissed an investor class action against the Public Trustee of Queensland over the failure of investment firm Octaviar Group improperly intervened in the cross-examination of one of the class’ witnesses, one of the judges that will hear an appeal of the dismissal was told.

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ASIC asks High Court to clarify meaning of ‘officer’
Corporate 2019-01-16 9:58 pm By Miklos Bolza

ASIC is seeking approval from the High Court to appeal a judgment that let a former director of Gold Coast finance company MFS Group partially off the hook for $147.5 million in misappropriated funds, saying the High Court needs to clarify the scope of the word “officer” under the Corporations Act.

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NAB says customers could decide if credit card insurance was ‘worthless’
Financial Services 2019-01-16 12:01 pm By Miklos Bolza

National Australia Bank has rejected a class action’s claims that it pushed worthless credit card insurance onto its customers, saying it was up to the customers to determine the true value of the coverage.

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The cases facing the Big Four banks in 2019
Feature 2019-01-14 11:47 pm By Christine Caulfield

Australia’s four biggest lenders had an expensive year in court last year, but with cases spilling over into the new year and the fallout from the Royal Commission expected to see a litigation blitz by regulators and class action lawyers, much more is in store for the banks in 2019. Here, Lawyerly takes a look at the court cases facing ANZ Banking Group, Commonwealth Bank of Australia, National Australia Bank and Westpac Banking Corp so far this year.

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Top 10 class action settlements of 2018
Exclusive 2019-01-11 11:29 pm By Cat Fredenburgh

From a record-setting funder’s cut to the first call for ‘“proportionality”, last year saw a number of groundbreaking judgments approving class action settlements worth more than half a billion dollars. Here are the 10 biggest settlements of 2018, and the law firms and funders that negotiated them.  

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