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‘Hardly seems worth the powder and the shot’: Judge asks why ASIC still pursuing CBA MySuper case
ASIC 2021-03-24 3:00 pm By Cindy Cameronne

A judge has questioned why ASIC is still pursuing its case CBA unit Colonial First State over statements made to 12,000 fund managers during the transition to MySuper accounts, after the bank admitted it misled members in 61 of the 80 phone calls at the heart of the case.

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KPMG can’t delay defence in Arrium class action
Accounting 2021-03-24 1:37 pm By Christine Caulfield

A bid by KPMG to push off the filing of its defence in a class action over misleading statements ahead of Arrium’s $754 million capital raising in 2014 has been shot down by a judge, who said the auditor has known the claims against it since November.

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Freedom Foods pushes to have Blue Diamond dispute heard in Australia
Albert Dinelli 2021-03-24 1:37 pm By Cat Fredenburgh

Freedom Foods is not giving up on its legal battle to have a dispute with Blue Diamond Growers over an almond licensing deal determined in Australia.

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ASIC triumphs in ‘bad advice’ case against IOOF unit
ASIC 2021-03-24 12:29 pm By Miklos Bolza

A former financial advisor employed by an IOOF unit accused of taking hefty commissions for steering investors towards risky investments contravened the financial advice provisions of the Corporations Act, a judge has found.

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ATO wins appeal over $2.3M Auctus R&D tax refund mistake
Alain Musikanth 2021-03-23 9:27 pm By Miklos Bolza

The Australian Taxation Office has successfully appealed a Federal Court decision finding it could not recover an R&D tax offset refund of around $2.3 million paid to Auctus Resources despite the payment being made by mistake and the mining company admitting it was not entitled to the money.

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In win for ASIC, judge rules Mayfair misled investors about risk
ASIC 2021-03-23 3:24 pm By Miklos Bolza

A judge has handed ASIC a victory in finding that investment group Mayfair 101 misled investors about the level of risk of its financial products, a ruling that will expose the group to pecuniary penalties at a time when a number of its entities have been wound up.

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‘Troubled’ by costs in Monsanto class action, judge wants initial trial on Roundup cancer risk
Agriculture 2021-03-23 2:18 pm By Miklos Bolza

The judge overseeing a class action against Bayer-owned Monsanto has suggested a hearing by the end of the year on the cancer risks of the company’s Roundup products, saying judgment on that question would either encourage the proceedings to settle or end the case.

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Gambler’s lawsuit alleges Star casino owes him $14M after 7-day winning streak
Contracts 2021-03-23 1:56 pm By Christine Caulfield

Star Entertainment Group Ltd is facing a lawsuit brought by a high-roller claiming the casino giant owes him almost $14 million won at the Baccarat table over a seven-day gambling spree last year.

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Jardine Lloyd Thompson wants to declass lawsuit over ‘excessive’ insurance premiums
Class Actions 2021-03-23 11:59 am By Cat Fredenburgh

Insurance broker Jardine Lloyd Thompson wants to declass a representative action brought on behalf of local councils in NSW alleging it socked them with inflated premiums, arguing there are no common questions to be determined in the case.

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Novel argument doesn’t save Gladstone Ports class action from costs, court says
Agriculture 2021-03-22 8:59 pm By Christine Caulfield

A judge has ruled the plaintiffs in the Gladstone Ports class action cannot reserve the legal costs of an application to avoid disclosure of expert reports, despite finding they had raised a novel issue.

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