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Court refuses to approve class action settlement
Insight 12 Apr 2016

In a recent Federal Court decision Justice Murphy refused to approve the settlement agreement between the parties to the Willmott class action finding that the terms of the settlement were not fair and reasonable ...

Significant High Court decision on settlement of regulatory proceedings
Insight 09 Dec 2015

The High Court today held that parties and regulators are permitted to put before the court an agreed position as to the value of a penalty reached as part of a settlement agreement Our Regulatory team reports ...

Double recovery as a challenge to the enforcement of an arbitral award
Insight 01 Mar 2016

The Victorian Court of Appeal has refused an application for leave to appeal against the enforcement of an arbitral award The applicants applied for leave to appeal on the basis that enforcement of the award would be contrary to public policy as it would give effect to double recovery by the ...

Full Federal Court blocks US depositions for Australian class action
Insight 18 Apr 2016

The Full Federal Court has ordered an anti-suit injunction against the applicant and a group member in the Treasury Wine Estates shareholder class action preventing the taking of oral depositions from US-based employees under US court procedures Partner Duncan Travis and Associate Michela Agnoletti ...

NSW to go it alone on a tort of privacy?
Insight 11 Mar 2016

A New South Wales legislative committee has released a report following an inquiry into remedies for serious invasions of privacy in New South Wales In an unexpected and controversial move the report recommends that the NSW Government take the lead by introducing a statutory cause of action for ...

Review into four major banks - money for consultants?
Insight 25 Nov 2016

The Parliamentary Economics Committee released its report following its review into Australias four major banks yesterday Our Financial Services Regulation team has a look at the recommendations in this update ...

Court confirms life easier for default interest clauses post-Paciocco
Insight 06 Dec 2016

New South Wales Court of Appeal case Arab Bank Australia v Sayde Developments considered the application of penalties doctrine to default interest rate provisions in load agreements post the high court's libera approach to the doctrine in Paciocco v ANZ. ...

Privilege during class action investigations - no client required
Insight 02 Sep 2016

Our recently released Class Action Risk 2016 report highlights the effect of lawyer and funder entrepreneurialism on the class action landscape Last weeks decision in the ongoing confidentiality dispute between IOOF Holdings Limited and Maurice Blackburn has provided a rare insight into the way ...

A blow to class action judgments achieving finality
Insight 12 Dec 2016

In a recent decision, the High Court considered that a successful class action defendant cannot rely on mere failure by members of a class action to opt out of group proceedings to establish that these members are subsequently prevented from raising other claims ...

ASIC announces fintech licensing exemptions
Insight 19 Dec 2016

As part of its implementation of the regulatory sandbox for fintech companies ASIC is providing relief for certain fintech businesses from the obligation to hold an Australian financial services or Australian credit licence Relief may be available for up to 12 months and may be useful to businesses ...

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