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ASIC wins appeal in Westpac ‘personal advice’ case
The Full Federal Court has handed the Australian Securities and Investments Commission a win in a high-stakes appeal over what constitutes personal advice under financial services laws, finding Westpac violated its duty to act in its customers best interests through a superannuation rollover campaign.
‘Hostile, aggressive’: Former AMP general counsel alleges bullying in $2.7M lawsuit
A former AMP general counsel responsible for preparing the financial giant for the banking royal commission has launched a $2.7 million lawsuit alleging "hostile, aggressive and intimidating behaviour" by superiors in response to formal complaints she made about the company's fees for no services practices.
APRA won’t appeal loss in IOOF case
The Australian Prudential Regulation Authority will not challenge a Federal Court ruling that dismissed its case against fund manager IOOF as “unpersuasive”, “fundamentally inadequate” and “tenuous in the extreme”.
Ex-Pizzeys patent attorneys deny using confidential info to poach clients
Two patent attorneys being sued by boutique IP firm Pizzeys Patent and Trade Mark Attorneys are resisting an application for preliminary discovery, denying the firm's claim that they misused confidential information to poach clients.
Tucker & Cowen loses second bid to dodge $17.5M Equititrust case
Two name partners at law firm Tucker & Cowen have lost another attempt to dismiss a case brought against them by the receivers of failed fund manager Equititrust over $17.5 million in funds allegedly obtained by deceptive means.
ASIC can use PwC partner’s evidence in case against Rio Tinto
The Australian Securities and Investments Commission has won its bid to use evidence from US proceedings in its case against Rio Tinto alleging the mining giant misled shareholders about a Mozambique mining company purchased for US$4.2 billion.
Seiko wins general injunction against Calidad in ink cartridge patent case
Imposing an injunction in general form against a patent infringer is not an undue burden in and of itself, the Full Federal Court has ruled in siding with printer giant Seiko Epson in its ongoing intellectual property fight with cartridge reseller Calidad.
James Estate Wines liquidator wins court OK to pursue $57M lawsuit against ANZ
The special purpose liquidator appointed to four companies in the collapsed James Estate Wines group has been given the go-ahead by a judge to enter into a litigation funding arrangement with the conglomerate's former director and pursue $57.1 million in potential claims against ANZ Banking Group.
CIMIC had no chance of winning stay of competing class action, judge says
A judge has ordered engineering services firm CIMIC Group to pay the costs of a 2017 attempt to stay a competing class action against it, saying the bid was one the company "could never have successfully prosecuted".
APRA defends decision to bring failed IOOF case
The prudential regulator is standing by its decision to bring proceedings against IOOF for alleged breaches of superannuation duties, despite criticism that such a "highly litigious regulatory environment" is placing immense pressure on financial services executives.