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  1. Promissory notes or broken promises? Misleading and deceptive conduct regarding financial products

    6 April 2021 | Insurance & Health Law

    The Plaintiff invested $1 million in unsecured promissory notes with Mayfair Group, which were repayable after three months (subject to caveats). Due to the onset of the COVID 19 pandemic, Mayfair Group elected not to repay the promissory notes. The Plaintiff commenced proceedings against the...

  2. Financial Product Advice – This time it’s personal

    2 March 2021 | Insurance & Health Law

    The High Court considered an appeal from a judgment of the Full Court of the Federal Court of Australia. The appellants (collectively ‘Westpac’) had given financial product advice to superannuation fund members over the phone and advised each to roll over their external superannuation accounts...

  3. Financial advisor should have investigated plaintiff’s future needs

    4 June 2019 | Insurance & Health Law

    After being injured in a motor vehicle accident in 1997, and successfully recovering nearly $2 million in damages at trial, the plaintiff engaged the services of the defendant, a financial planner. After a series of investments and withdrawals, the value...

  4. Historic joint sitting of Federal and State Appeal courts gives further support for common fund orders

    26 March 2019 | Insurance & Health Law

    In an unprecedented move, a joint sitting of the Full Court of the Federal Court of Australia (Court) and the New South Wales Court of Appeal, heard appeals in Westpac Banking Corporation & Anor v Lenthall & Ors (Westpac decision) and Brewster v...

  5. Proudly Supported by Westpac? Storm Financial class action settlement gets Federal Court seal of approval

    20 February 2018 | Insurance & Health Law

    In an early Christmas present for a class of Westpac Bank customers who borrowed to invest in Storm Financial, the Federal Court approved a $7.5M class action settlement against the Bank. With around $2.5M of that amount payable in costs to the...

  6. Group proceeding no bar to raising individual claim

    4 May 2017 | Insurance & Health Law

    The High Court upheld a decision of the Victorian Court of Appeal to allow defences to be pleaded by group proceeding members which ostensibly raised issues that had been the subject of earlier group proceedings. In Issue Anshun estoppel may not prevent a...

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