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Mark Elliott’s Blackberry found, judge orders search of phone for evidence in Banksia class action
Class Actions 2020-03-26 1:57 pm By Christine Caulfield

The hunt for the missing Blackberry of deceased class action lawyer and funder Mark Elliott is over, and the located phone will now be examined by IT experts to see if it can be searched for potential evidence to be used as part of an investigation of  alleged professional misconduct by the legal team behind a class action against failed Banksia Securities.

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Surfstitch class action settlement amount slashed amid ‘very difficult retail environment’
Class Actions 2020-03-25 1:54 pm By Miklos Bolza

Group members in two settled class actions against clothing retailer Surfstitch have been told the settlement amount available to them has plummeted amid a “very difficult retail environment”.

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Coronavirus shuts down ACCC cross-examinations in landmark ANZ cartel case
Competition & Consumer Protection 2020-03-20 10:10 pm By Christine Caulfield

For the lawyers conducting the committal hearings in the criminal cartel case over ANZ’s $2.5 billion equity raising, the Sydney Downing Centre courtroom was already too close for comfort.

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Bega did not waive legal professional privilege by probing cancer-stricken witness
Intellectual Property 2020-03-09 12:52 pm By Miklos Bolza

Fonterra Brands has been blocked from accessing documents recording a witness statement made and later disputed by Bega’s executive chairman, in a dispute between the two dairy companies over a trade mark licence agreement.

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Solicitors ordered to look for missing phone of deceased class action lawyer
Class Actions 2020-03-03 10:47 pm By Christine Caulfield

A judge has directed solicitors for deceased lawyer and funder Mark Elliott to search for his missing mobile phone, which is wanted for potential evidence by a court-appointed contradictor investigating alleged professional misconduct on the part of the legal team behind a settled class action against failed Banksia Securities.

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ACCC cartel investigator admits ‘oversight’ in comfort letter to JPMorgan
Competition & Consumer Protection 2020-02-14 10:51 pm By Miklos Bolza

An ACCC officer who was heading up a team investigating alleged cartel conduct by ANZ Banking Group and three investment banks has admitted that the regulator may have made an ‘oversight’ in a letter of comfort offered to JPMorgan ahead of the bank’s immunity application in the case.

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ACCC officer denies anything ‘sinister’ in examination of ANZ cartel witness
Competition & Consumer Protection 2020-02-12 9:17 pm By Miklos Bolza

During another day of cross-examination in a criminal cartel case against ANZ and two investment banks, a key ACCC officer was accused of lying about his interrogation of a key cartel witness, with the officer insisting there was nothing “sinister” in his examination.

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‘You’re lying’: ANZ attacks ACCC witness on crucial cartel evidence
Financial Services 2020-02-11 10:06 pm By Miklos Bolza

An ACCC investigator has come under fire from ANZ as the bank seeks to shoot holes in the criminal cartel action against it, with counsel for the bank accusing the regulator of “infecting” witness statements and erasing testimony that weakened its case.

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ACCC investigator shoots down claims of impropriety in ANZ cartel case
Competition & Consumer Protection 2020-02-10 9:15 pm By Miklos Bolza

A key officer from the ACCC involved in interviewing JPMorgan bankers during a cartel investigation that led to criminal charges against ANZ and two investment banks has denied allegations that he acted improperly during the investigation.

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ACCC slammed for ‘opaque’ demands in misuse of market power case against TasPorts
Competition & Consumer Protection 2020-02-07 5:49 pm By Christine Caulfield

A lawyer for Tasmanian state government owned ports company TasPorts has criticised the ACCC’s first-of-its kind case that alleges it is misusing its market power to stymie competition, saying it isn’t clear what the regulator wants the court to do.

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