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Westpac wants court to raise the bar for ‘personal advice’ finding
Westpac has followed ASIC's lead, launching a separate appeal to a ruling that it provided financial advice but not personal advice as part of a campaign encouraging customers to roll over external superannuation accounts.
Common fund rulings a boon for class action litigation funders, experts say
Two rulings Friday keeping alive the common fund order are a ringing endorsement by the courts of the important role that litigation funders play in class actions, experts say, and have paved the way for more funded post-Hayne consumer litigation against banks and other financial services firms this year.
Judges have the power to issue common fund orders, appeals courts rule
Common fund orders in class actions are legal and not unconstitutional, six judges found Friday after a history-making joint sitting of two appeals courts.
Apartment provider drops case against Hilton over ‘Waldorf’ trade mark
A serviced apartments provider has discontinued its appeal of a ruling that blocked it from trade marking the phrase "Waldorf Apartment", after Hilton Worldwide — which owns New York’s iconic Waldorf Astoria hotel - opposed the move.
Otsuka can press ahead with ‘inconsistent’ defences in Abilify patent dispute
Otsuka Pharmaceuticals and Bristol Myers-Squibb can retain their defences in an ongoing patent dispute over antipsychotic drug Abilify, after the Federal Court dismissed a strike out bid by the Commonwealth of Australia over the allegedly "inconsistent" pleadings.
Westpac unit RAMS breached franchise agreement, court finds
Westpac-owned mortgage lender RAMS Financial Services breached a franchise agreement by failing to supply a Brisbane-based franchisee with information about nearby broker-originated customers, a judge has found.
Lawyers, funders brace for landmark common fund ruling this week
Judgments in two appeals challenging the legality of common fund orders issued by courts in class actions will be handed down this week, and the rulings could have a profound effect on how class actions are run by lawyers and their funders in the future.
Unilever appeals loss over Nivea deodorant claims
Unilever is not ready to put its long-running consumer case against competitor Beiersdorf to rest, filing a challenge to a ruling that Beiersdorf did not make misleading claims about its Nivea clinical strength deodorant products.
“Something’s gone terribly wrong”: CIMIC slammed by class action judge
A judge has reprimanded CIMIC Group's preparations to defend a class action against it, saying a late attempt to file critical evidence was a sign something "pretty horrible" had gone on behind the scenes.
ASIC appeals loss in Westpac personal advice case
The Australian Securities and Investments Commission has appealed a ruling that two Westpac units did not provide personal financial advice as part of a campaign encouraging customers to roll over external superannuation accounts.