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‘I’m getting awful close to ending my life’: Magistrate despairs as ANZ cartel hearing blows out
Competition & Consumer Protection 2019-12-12 7:49 pm By Miklos Bolza

A committal hearing in the ANZ cartel case may run a further nine days next year due to ongoing arguments about subpoenas and privilege, which have derailed five planned days of cross-examination of key witnesses and led a Local Court Magistrate to proclaim she was “awful close” to ending her life.

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Westpac asks High Court to hear personal advice case
Financial Services 2019-12-11 11:08 pm By Cat Fredenburgh

Westpac has filed a special leave application with the High Court seeking further clarity on the line between personal and general advice under financial services laws, after an appeals court handed ASIC a significant win in finding the bank violated its duty to act in its customers’ best interests during a superannuation rollover campaign.

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Suncorp unit can force reversal of Coverforce acquisition, court says
Corporate 2019-12-10 9:52 pm By Christine Caulfield

The head of Australia’s largest unlisted insurance broker, Coverforce, may face a future damages claim for misleading or deceptive conduct if a recent acquisition of former Suncorp unit Resilium is not reversed, a court has found.

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Banks want to grill ANZ cartel case witnesses on late evidence by ACCC
Competition & Consumer Protection 2019-12-10 6:58 pm By Miklos Bolza

The banks and executives facing criminal charges over alleged cartel conduct related to ANZ’s $2.5 billion share placement in 2015 will fight to widen their cross-examination of key ACCC witnesses after new information was brought to light in late submissions by the regulator.

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AUSTRAC case against Westpac speeds towards penalty hearing
Financial Services 2019-12-09 9:44 pm By Miklos Bolza

AUSTRAC’s lawsuit against Westpac over 23 million alleged breaches of money laundering and counter-terrorism laws is racing towards a possible February penalty hearing, with the bank largely in agreement with the regulator on its liability.

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JPMorgan witness disputed existence of ANZ cartel ‘agreement’ court hears
Competition & Consumer Protection 2019-12-06 9:45 pm By Miklos Bolza

A key witness from JPMorgan previously contested claims by the ACCC that a key component of an alleged cartel arrangement between four major banks around a $2.5 billion institutional share placement by ANZ was actually an ‘agreement,’ as opposed to a series of independent decisions, a court has heard.

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JPMorgan witnesses grilled as banks seek to poke holes in ANZ cartel case
Competition & Consumer Protection 2019-12-05 9:21 pm By Miklos Bolza

Two key witnesses from JPMorgan have been grilled by lawyers for three major investments banks named in a high-stakes criminal cartel case as the banks seek to cast doubt on how the ACCC gathered evidence during its almost two-year cartel investigation.

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Sony skips level in ACCC’s PlayStation lawsuit
Competition & Consumer Protection 2019-12-04 3:49 pm By

A Federal Court judge has vacated a hearing on liability in the Australian Competition and Consumer Commission’s lawsuit against Sony alleging the entertainment company misled gamers who purchased faulty PlayStation games.

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Common fund orders in class actions dealt fatal blow by High Court
Class Actions 2019-12-04 10:12 am By Christine Caulfield

Judges have no power to order all class action members to pay a proportion of a litigation funder’s commission out of their share of a settlement, the High Court has ruled in a landmark judgment that deals a huge defeat to litigation funders.

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All eyes on High Court as ruling on common fund orders looms
Feature 2019-12-02 11:24 pm By Christine Caulfield

The High Court is poised this week to issue its judgment in a case challenging the validity of common fund orders in class actions, a ruling that could see litigation funding commission rates creep back up after hitting record lows.

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