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CBA seeks leniency as judge grapples with first criminal case of its kind
ASIC 2021-10-29 5:31 pm By Miklos Bolza

A fine imposed against the Commonwealth Bank for false and misleading representations to customers should reflect offences that were “well below the midpoint” of seriousness, counsel for the bank has told a judge overseeing the first criminal case of its kind.  

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Colonial First State ordered to pay $20M for misleading 13,000 MySuper members
Alexandra Folie 2021-10-19 2:18 pm By Miklos Bolza

The Federal Court has slugged wealth management firm Colonial First State Investments with a $20 million penalty for misleading almost 13,000 superannuation members about their MySuper entitlements through a “concerted campaign” that lasted two years.

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High Court tosses appeal of sacked climate-skeptic professor
Ben Jellis 2021-10-13 7:09 pm By Cindy Cameronne

The High Court has thrown out sacked climate skeptic professor Peter Ridd’s appeal of his dismissal by James Cook University, finding protection of intellectual freedom is not a “general freedom of speech”.

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CBA’s Colonial agrees to $20M penalty for misleading MySuper statements
ASIC 2021-10-12 5:43 pm By Bianca Hrovat

The Commonwealth Bank’s wealth management unit has agreed to cough up $20 million in penalties for misleading thousands of fund members during the transition to MySuper accounts, but steadfastly maintains its conduct was not part of a “nefarious” plot for profits.

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Insurers largely prevail in second COVID-19 test cases
Adam Pomerenke 2021-10-08 5:13 pm By Christine Caulfield

Insurers have largely succeeded in challenging COVID-19 business interruption losses claimed by a group of small businesses, in an important second test case that could save the industry billions of dollars.

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Delaying penalty until after Qantas outsourcing appeal ‘unfair’, court told
Appeals 2021-09-20 6:21 pm By Cindy Cameronne

Qantas has filed a bid to delay a hearing on penalty after a judge found the airline outsourced ground operations partly to prevent employees engaging in industrial action, but the TWU has said a stay would be “unfair” to 1,600 former ground staff.

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Allianz loses bid for class action beauty parade
Adam Hochroth 2021-09-15 1:33 pm By Miklos Bolza

A judge has signed off on a proposal by two law firms to jointly run a consolidated class action against Allianz over add-on car insurance, shooting down the insurer’s argument that a beauty contest would promote competitive contingency fee rates.

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Cross-claims make new case an abuse of process, Isuzu tells court
Bret Walker 2021-09-14 8:48 pm By Miklos Bolza

Truck company Isuzu has asked a court to shut down an $18 million lawsuit by Directed Electronics alleging copyright infringement, arguing that its own cross-claims –which substantially overlap with allegations in a 2017 case that went to trial — made it an abuse of process.

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High Court asked to hear dismissal case of TechnologyOne exec
Appeals 2021-09-06 12:58 pm By Christine Caulfield

A former senior executive of TechnologyOne wants the High Court to take up his unfair dismissal case after the software company won its challenge to his $5.2 million win.

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Law firm can’t get fees after ‘dishonourable conduct’ toward clients
Alastair Vincent 2021-09-03 10:41 pm By Bianca Hrovat

An appeals court has upheld a ruling that Sydney law firm Atanaskovic Hartnell was not entitled to the bulk of $165,000 in legal fees charged to two media company clients defrauded by jailed former solicitor Brody Clarke, calling the firm’s attempt to renege on its undertakings “dishonourable”.

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