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Law firm hit with indemnity costs for opt out error in Toyota class action
Class Actions 2020-08-11 10:32 pm By Miklos Bolza

An error in an opt out notice sent to motorists eligible to sign up for a class action over allegedly defective diesel filters in Toyota vehicles has left a class action law firm on the hook for indemnity costs to cover a new notice to group members.

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HealthEngine urges approval of $2.9M fine, says it didn’t know altering reviews was unlawful
Competition & Consumer Protection 2020-08-10 12:05 pm By Miklos Bolza

Health booking company HealthEngine has urged the court to accept a $2.9 million penalty for deleting and altering unfavourable reviews, telling a judge that it did not know the behaviour was against the law.

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Gilbert + Tobin faces appeal by Sydney businessman Charif Kazal
Appeals 2020-08-03 1:09 pm By Cat Fredenburgh

Sydney businessmen Charif and Tarek Kazal have appealed a ruling that found their claims against Gilbert + Tobin over an alleged dishonest scheme to rob them of a 50 per cent stake in a lucrative Sydney waste facility were “fundamentally incoherent”.

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ASIC scores ‘narrow’ win in case against ex-Tennis Australia director
ASIC 2020-07-31 12:43 pm By Miklos Bolza

A judge has handed ASIC a “narrow” win in its action against former Tennis Australia director Harold Mitchell, tossing most of the regulator’s case and accusing it of “confirmatory bias”.

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Westpac’s anti-money laundering woes worsen
Financial Services 2020-07-28 1:37 pm By Cat Fredenburgh

Westpac anti-money laundering compliance troubles continue to worsen, with the bank reporting an additional 365,000 incomplete or inaccurate threshold transaction reports to AUSTRAC.

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‘Most painful relationship I’ve ever had’: Law firm describes falling out with funder in BOQ class action
Class Actions 2020-07-27 5:54 pm By Alison Eveleigh

The law firm that represented elderly victims of Ponzi schemer Bradley Sherwin has told the government’s class action inquiry of its “painful” relationship with the funder involved in the proceedings, which eventually saw the firm bow out of the case because of a conflict of interest.

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ACCC denies acting on JPMorgan advice when sending cartel case to CDPP
Competition & Consumer Protection 2020-07-24 10:10 pm By Miklos Bolza

A senior officer from the ACCC has rejected claims that the regulator took legal advice from immunity applicant JPMorgan before launching its high profile criminal cartel case against ANZ, Citigroup and Deutsche Bank.

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ACCC accused of ‘slapdash’ decision to charge Deutsche Bank exec in ANZ cartel case
Competition & Consumer Protection 2020-07-23 6:37 pm By Miklos Bolza

A former high-ranking Deutsche Bank executive charged with involvement in an alleged cartel agreement relating to a $2.5 billion ANZ share placement claims he was dragged into the case becaused of the “incredibly slapdash” methods of the ACCC.

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ANZ accuses ACCC of ‘heavying’ cartel witnesses from JPMorgan
Competition & Consumer Protection 2020-07-22 9:15 pm By Miklos Bolza

ANZ Banking Group has slammed a decision by the ACCC to escalate concerns that one of its key cartel witnesses was not being “full and frank”, claiming this was a way to put pressure on the witness and bring his evidence into line.

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‘Not a single note’: ACCC accused of avoiding disclosure in ANZ cartel case
Competition & Consumer Protection 2020-07-21 11:18 pm By Miklos Bolza

The ACCC’s investigatory techniques have come under fire during a hearing over an alleged criminal cartel agreement between ANZ and two investment banks, with a barrister for one of the banks suggesting investigators from the regulator deliberately did not take notes during hundreds of days of witness interviews to avoid disclosure.

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