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ANZ says allegedly worthless insurance policies gave customers ‘peace of mind’
Class Actions 2020-06-16 6:15 pm By Alison Eveleigh

ANZ has denied claims that it sold allegedly worthless insurance to group members in a class action against the banking giant, and has said the policies gave customers “peace of mind”.

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High standards: Challenging a DOCA that compromises a litigation claim
Expert Insights 2020-06-16 6:05 pm By Christine Caulfield

While some judges have suggested a deed of company arrangement can be terminated at the comparatively low threshold that a liquidator may be “potentially” successful in litigating a claim, this is clearly not the test after a recent Full Federal Court ruling that affirms the high standard to be met by any challenge to a DOCA, where the deed compromises a commercial dispute, writes Baker McKenzies’ David Walter, Maria O’Brien and Ian Innes.

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Mayfair 101 hits back at ASIC claims of misleading advertising
Financial Services 2020-06-16 5:29 pm By Christine Caulfield

Investment group Mayfair 101 has denied claims by ASIC that it has engaged in misleading or deceptive advertising of its Platinum products, saying in a response to the regulator’s case the products were aimed at sophisticated investors who were told of the risks. 

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Judge accused of ‘very aggressively’ attacking government’s Robodebt defence
Class Actions 2020-06-16 2:30 pm By Alison Eveleigh

A judge has been accused of “very aggressively” raising issues with a barrister for the Federal Government over its failure to amend its defence in a $300 million class action centred on the Commonwealth’s controversial Robodebt scheme to match recent public admissions.

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ACCC seeks contempt finding against ex-Empower Institute lawyer
Legal Ethics 2020-06-15 11:06 pm By Cat Fredenburgh

The Australian Competition and Consumer Commission is seeking a contempt finding against a former solicitor for defunct vocational trainer Empower Institute over alleged billing practices.

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Ford cars fitted with PowerShift are ‘lemons’, court hears as high-stakes trial revs up
Class Actions 2020-06-15 8:27 pm By Alison Eveleigh

Tens of thousands of Ford cars which contain an allegedly defective transmission system are “lemons”, a court heard on day one of a six-week hearing in a long-running class action against the car maker.

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‘These results are not accidental’: GetSwift saw ASX as ‘cheap way’ to boost share price, ASIC says
Securities 2020-06-15 6:49 pm By Miklos Bolza

Émails show the directors of logistics company GetSwift took a “deliberate approach” to inflating the company’s share price through a constant supply of positive ASX announcements about new multimillion-dollar contracts, ASIC said on the first day of a highly anticipated five-week trial.

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Full Court flushes ACCC appeal of wipes ruling
Competition & Consumer Protection 2020-06-15 3:55 pm By Cat Fredenburgh

The Full Federal Court has thrown out the ACCC’s challenge to a ruling dismissing its case alleging Kimberly-Clark made misleading representations about its flushable wipes.

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Judge won’t recuse himself from patent case against Globaltech, Boart Longyear
Intellectual Property 2020-06-12 10:52 pm By Christine Caulfield

A judge has rejected calls by mining tool company Globaltech and driller Boart Longyear to disqualify himself from hearing a patent infringement case against them, despite ruling in an earlier proceeding that the patent was valid and that Globaltech had infringed it.

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Westpac could face more AUSTRAC claims as child exploitation scandal deepens
Financial Services 2020-06-12 10:04 pm By Cat Fredenburgh

Westpac is facing the possibility of more claims in proceedings brought by AUSTRAC over anti-money laundering breaches, with the regulator seeking information on 272 customers who may have been involved in the exploitation of children.

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