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Commonwealth Bank told investors Sigma credit rating withdrawal a ‘technical’ issue
The Commonwealth Bank of Australia, facing cross-claims by credit ratings agency Fitch in a class action alleging it gave false or misleading double A and triple A ratings to synthetic CDOs backed by Sigma Financial, told investors Fitch's withdrawal of Sigma's credit rating prior to the collapse of the $27 billion investment fund was a "technical" issue, the bank has admitted.
Hells Angels loses IP lawsuit against Redbubble
The Australian chapter of biker group the Hells Angels has mostly come up short in its wide-ranging intellectual property lawsuit against online marketplace Redbubble. But the judge that heard the case may have opened the door for more IP lawsuits against the print-on-demand site by shooting down its claims that its not a seller but merely a platform for artists and consumers to engage.
Deloitte contributed to Dick Smith’s downfall, class actions now claim
Deloitte Touche Tohmatsu is facing claims by the lead applicants in two class actions against failed retail giant Dick Smith alleging its poor accounting practices contributed to the retailer's collapse.
Class members waited too long to appeal Great Southern MIS settlement, court rules
An appeals court has dashed the hopes of three group members of a resolved class action over managed investment schemes operated by agribusiness Great Southern Group who sought more time to appeal approval of the settlement deed, which put them on the hook for repaying their loans to Bendigo and Adelaide Bank.
CIMIC slugged with costs after class action trial vacated
Global engineering firm CIMIC Group has been hit with costs after a last-minute subpoena of three new potential witnesses caused the three-week trial that was due to commence later this month to be vacated.
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.