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Law firm ‘took advantage’ of privileged position in filing Treasury Wines class action, court told
Appeals 2020-11-27 7:51 pm By Miklos Bolza Sydney

Treasury Wine Estates has accused plaintiffs law firm Maurice Blackburn and barrister Guy Donnellan of “taking advantage” of their privileged position by using evidence discovered in a settled class action to file a second case against the wine maker.

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Ex-Tennis Australia director Harold Mitchell must pay $90,000 in ASIC case
Aaron Weinstock 2020-11-04 12:47 pm By Miklos Bolza Sydney

The Federal Court has ordered former Tennis Australia director Harold Mitchell to pay a $90,000 penalty after a “narrow” win for ASIC in its case over the domestic broadcast rights to the Australian Open.

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Citing dangers of ‘hypothetical postulation’, Full Court declines to answer common fund order question
7-Eleven 2020-11-03 3:25 pm By Miklos Bolza Sydney

The Full Court Federal Court has declined to answer a question posed by 7-Eleven as to whether common fund orders can be made on settlement or judgment in a class action, saying the issue should be dealt with on facts, not assumptions. In a judgment handed down on Tuesday, the Full Court dismissed 7-Eleven’s bid…

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7-Eleven says courts have no power to ever make a common fund order
7-Eleven 2020-10-27 11:51 pm By Christine Caulfield Melbourne

The High Court majority’s reasoning in the decision nixing common fund orders at an early stage of a class action leads “inexorably and inevitably” to the conclusion that there is no power to make such an order at any time in a proceeding, counsel for 7-Eleven has told an appeals court.

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CBA fined $150,000 for increasing problem gambler’s credit card limit
ASIC 2020-10-23 5:30 pm By Christine Caulfield Sydney

The Commonwealth Bank of Australia has been fined $150,000 after a Federal Court judge found the bank had breached the law by increasing a problem gambler’s credit card limit but that the conduct was “not systematic, deliberate or covert”.

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‘Strained and fanciful’: Court tosses Telstra suit over Optus’ ‘more than ever before’ ads
Andrew Barraclough 2020-09-25 1:52 pm By Cat Fredenburgh Melbourne

Telstra has suffered a defeat in its lawsuit accusing competitor Singtel Optus of violating consumer laws with ads claiming it is “covering more of Australia than ever before”, with a judge calling Telstra’s allegations that the ads implied a comparison with other telcos “strained and fanciful”.

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Glencore wins appeal in shipping fee fight with Port of Newcastle
ACCC 2020-08-27 9:41 pm By Alison Eveleigh Sydney

Mining giant Glencore has won its appeal over access charges to Port of Newcastle shipping channels used to export coal from the Hunter Valley.

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CBA hits back at ASIC conflicted remuneration case
Anna Wilson 2020-08-26 10:50 pm By Miklos Bolza Sydney

The Commonwealth Bank of Australia has denied that it received any benefits through the sale of its Essential Super product, rejecting claims by Australian Securities and Investments Commission that it breached the conflicted remuneration provisions of the Corporations Act.

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Transurban’s West Gate Tunnel dispute with CPB, John Holland goes to arbitration
Anthony Young 2020-08-12 4:04 pm By Alison Eveleigh Sydney

A judge has ordered that disputes arising between Transurban and a group of contractors over the discovery of toxic PFAS chemicals in the soil at the site of the multi-billion dollar West Gate Tunnel project in Melbourne be sent to arbitration.

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ASIC scores ‘narrow’ win in case against ex-Tennis Australia director
Aaron Weinstock 2020-07-31 12:43 pm By Miklos Bolza Sydney

A judge has handed ASIC a “narrow” win in its action against former Tennis Australia director Harold Mitchell, tossing most of the regulator’s case and accusing it of “confirmatory bias”.

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