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ACCC ‘contaminated’ key evidence in ANZ criminal cartel investigation, court hears
Competition & Consumer Protection 2019-09-27 8:18 pm By Miklos Bolza

An investigation by the Australian Competition and Consumer Commission has come under fire by the banks and directors targeted in a criminal case over alleged cartel conduct that claim the regulator “contaminated” key evidence and improperly used material supplied by ASIC.

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‘We have a right to a fair trial’: ANZ criminal cartel defendant slams CDPP’s lack of detail
Competition & Consumer Protection 2019-09-25 3:38 pm By Amelia Birnie

Lawyers for former Citigroup executive Stephen Roberts have complained that prosecutors have failed to provide a “shred of material” to explain his alleged involvement in a criminal cartel relating to ANZ’s $2.5 billion capital raising, as the defendants fight to grill Crown witnesses before trial.

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Lloyd’s loses bid for quick dismissal of NAB’s $655M insurance lawsuit
Insurance 2019-09-23 8:46 pm By Cat Fredenburgh

Three syndicates of Lloyd’s London have failed in their bid to toss a case brought by National Australia Bank seeking £357 million ($655 million) in insurance claims relating to two consumer redress schemes in the UK.

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Courts to up scrutiny of group member returns in class action settlements, report says
Class Actions 2019-09-20 9:07 pm By Christine Caulfield

Expect increasing emphasis by judges on how much class action members will pocket, as scrutiny of settlements in representative proceedings continues to ramp up, says King & Wood Mallesons in the law firm’s latest class action report.

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APRA defends decision to bring failed IOOF case
Financial Services 2019-09-20 8:03 pm By Amelia Birnie

The prudential regulator is standing by its decision to bring proceedings against IOOF for alleged breaches of superannuation duties, despite criticism that such a “highly litigious regulatory environment” is placing immense pressure on financial services executives.

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Judge slams APRA case against IOOF as ‘fundamentally inadequate’ and ‘tenuous in the extreme’
Financial Services 2019-09-20 10:04 am By Amelia Birnie

APRA’s purely documentary case against troubled fund manager IOOF has been dismissed by the Federal Court as “unpersuasive”, “fundamentally inadequate” and “tenuous in the extreme”, in another major blow to financial services regulators pursuing action in the wake of the banking royal commission.

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Judgment looms for IOOF execs in APRA’s disqualification case
Financial Services 2019-09-17 11:53 am By Christine Caulfield

Five IOOF executives will learn their fate this week when a judge rules on a disqualification bid by the prudential regulator, the first judgment to be delivered by a court in a case filed in the wake of last year’s scandal-airing banking royal commission.

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Judge signs off on contested common fund bid in $1B IAG insurance class action
Class Actions 2019-09-13 9:02 pm By Christine Caulfield

A judge has approved a common fund application in a class action against two IAG entities over add-on insurance said to be worth up to $1 billion, saying it was only fair to make all group members pay to fund the litigation.

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Litigation funding agreements legal in Queensland class actions, court says
Class Actions 2019-09-13 7:27 pm By Miklos Bolza

The Queensland Supreme Court has upheld the legality of litigation funding agreements in a landmark class action judgment that could have a ripple effect across other states in Australia.

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3A Composites issues ultimatum in combustible cladding class action
Class Actions 2019-09-12 3:11 pm By Miklos Bolza

German-based 3A Composites has issued an ultimatum in the high-stakes combustible cladding class action against it, saying it will try to shut down the matter as a representative proceeding if group member registration and opt out are not initiated.

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