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EML Payments faces second class action probe over money laundering controls
Class Actions 2021-06-16 11:40 pm By Christine Caulfield

Payments processing company EML is looking at two potential shareholder class actions over its alleged failure to notify the market of concerns by Ireland’s central bank relating to compliance with anti-money laundering regulations.

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NAB wins $43M judgment against ex-Dick Smith director but receivers walk away empty handed
Restructuring & Insolvency 2021-06-15 4:47 pm By Miklos Bolza

A judge has awarded $43 million to National Australia Bank in its lawsuit against former directors of failed retailer Dick Smith, but threw out claims against company directors brought by HSBC and the retailer’s receivers.

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Treasury has no time to list ‘opportunistic’ class actions driving reform bill, committee told
Policy and Regulation 2021-06-10 10:21 pm By Christine Caulfield

Combatting “opportunistic” class actions is one of the main drivers behind proposed legislation to reform Australia’s continuous disclosure laws, but the federal treasury department has brushed off a Senate committee’s request for a list of cases apparently deserving of the derogatory tag.

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ASIC brings action against shipbuilder Austal over $3.5B US Navy program
ASIC 2021-06-10 10:26 am By Christine Caulfield

Defence shipbuilder Austal has been hit with regulatory action over market disclosures linked to cost overruns with the company’s $3.5 billion US Navy warship program.

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‘Very very messy law’: Government urged to rethink changes to continuous disclosure regime
Class Actions 2021-06-09 1:05 pm By Cat Fredenburgh

The government’s proposed changes to the country’s continuous disclosure regime substitutes a “bright line legal test” with a “very very messy law” that will weaken enforcement and could undermine the integrity of Australia’s capital markets, a Senate committee has heard.

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Judge shuts down derivative suit against CBL over $3M share acquisition
Securities 2021-06-07 11:03 pm By Miklos Bolza

A shareholder’s attempt to reverse a $3.15 million share acquisition by the managing director of construction giant Consolidated Builders Ltd has been dismissed by a judge, despite finding the case had “a reasonable probability of success”.

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GetSwift class action faces fight to use witness evidence from ASIC case
Class Actions 2021-06-04 10:15 pm By Christine Caulfield

GetSwift is opposing a bid by the lead shareholder in a class action to rely at an upcoming trial on evidence given by overseas witnesses in last year’s hearing in ASIC’s case, and its resistance could force the class to bring a separate case in the US to compel fresh testimony, a court has heard.

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‘I don’t think it’s right’: Federal Court judge not a fan of landmark class closure ruling
Class Actions 2021-06-04 4:00 pm By Cindy Cameronne

A Federal Court judge has made his feelings known about a ruling by the NSW Supreme Court last year that found judges have no power to shut unregistered group members out of a class action, but said he was “just a single judge” and was bound by the decision.

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EML Payments faces potential class action over money laundering risk disclosures
Class Actions 2021-06-03 11:05 pm By Cat Fredenburgh

Payments processing company EML is the target of a shareholder class action investigation over its alleged failure to timely alert the market to concerns about its money laundering risk and control systems.

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BHP loses ‘highly problematic’ bid to exclude foreign investors from class action
Appeals 2021-06-03 10:10 am By Cindy Cameronne

Global resources giant BHP Group has lost an appeal in its fight to exclude foreign investors from a shareholder class action over the 2015 Fundao dam disaster, after arguing the class action regime applies only to those in Australia.

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