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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”.
High standards: Challenging a DOCA that compromises a litigation claim
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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.
Mayfair 101 hits back at ASIC claims of misleading advertising
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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.
Judge accused of ‘very aggressively’ attacking government’s Robodebt defence
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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.
ACCC seeks contempt finding against ex-Empower Institute lawyer
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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.
Law firms tell government inquiry they want class closure back
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Judges should be given the power to make class closure orders again, defence law firms have told the latest class action inquiry, which comes on the heels of a landmark appeals court ruling that there is no statutory authority to keep unregistered class members out of a group proceeding.
Ford cars fitted with PowerShift are ‘lemons’, court hears as high-stakes trial revs up
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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.
‘These results are not accidental’: GetSwift saw ASX as ‘cheap way’ to boost share price, ASIC says
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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.
Full Court flushes ACCC appeal of wipes ruling
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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.
Correcting the record – litigation funding and returns to group members in funded class actions
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Much of the criticism of the ligitaion funding industry being played out in the media recently is based on misinformation, says Andrew Saker of Omni Bridgeway.