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ClearLoans hit with $6M penalty in ASIC’s first COVID-19 case
Andrew Harding 2023-02-23 4:05 pm By Cat Fredenburgh

Personal lender ClearLoans and its parent company have been hit with $6 million in penalties for violating consumer credit protections laws, including by failing to respond to financial hardship notices from debtors during the height of the COVID-19 pandemic.

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$192.5M oil spill class action settlement gets nod, but firm’s cut to be decided
Agriculture 2023-02-23 2:10 pm By Sam Matthews

A judge has approved a $192.5 million settlement in an oil spill class action on behalf of Indonesian seaweed farmers, but the slice for the law firm running the action and its litigation funder remains to be determined amid allegations of negligence by the former lead applicant in the case.

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ACCC loses appeal in ‘fanciful’ NSW Ports competition case
ACCC 2023-02-23 1:23 pm By Cindy Cameronne

The Australian Competition and Consumer Commission has lost its challenge to a decision that tossed its case alleging NSW Ports stymied competition when it signed a 50-year agreement with the state to privatise two ports. 

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Full Court urged to toss ASIC’s ‘fatal’ appeal in CBA conflicted remuneration case
Anna Wilson 2023-02-22 5:46 pm By Cindy Cameronne

The Commonwealth Bank of Australia has urged the Full Court to toss ASIC’s challenge to a decision dismissing its conflicted remuneration case over the bank’s sale of its Essential Super product, saying the appeal suffered from “fatal” flaws.

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Sparke Helmore wins reversal of $285,000 negligence judgment
Appeals 2023-02-22 4:30 pm By Sam Matthews

An appeals court has thrown out a $285,000 negligence judgment against Sparke Helmore over two sales contracts worth $1.5 million and rejected a NSW developer’s attempts to squeeze the law firm for a heftier damages bill.

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Appeals court asked to decide if GCO can ‘travel’ in Arrium class action
Banton Group 2023-02-22 2:10 pm By Cindy Cameronne

A judge has referred to an appeals court the question of whether a group costs order can “travel”, as KPMG continues to push to transfer a shareholder class action over the collapse of mining company Arrium to New South Wales.

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TFS pelvic mesh class action reaches partial settlement
AJB Stevens 2023-02-22 12:48 pm By Sam Matthews

A class action filed on behalf of women injured by allegedly defective pelvic mesh products has reached a settlement with the insurer of defunct device maker TFS Manufacturing.

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Landmark Santos greenwashing case to centre on meaning of ‘clean’
Brendan Lim 2023-02-21 10:02 pm By Sam Matthews

A case brought by a shareholder advocacy group accusing Santos of misleading the market by ‘greenwashing’ its environmental credentials will centre on the meaning of the word ‘clean’, a court has heard.

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Broker loses appeal of 2014 banning order, again
Appeals 2023-02-21 3:11 pm By Cindy Cameronne

A mortgage broker has lost his challenge to a tribunal’s decision to uphold a lifelong ban by the Australian Securities and Investments Commission.

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BCC loses appeal over $8M trade credit policy to Phoenix financier
Anne Horvath 2023-02-21 1:00 pm By Cindy Cameronne

Insurer Bond & Credit Company has lost its appeal of a decision ordering it to indemnify an Australian non-bank lender that provided $8 million in trade finance to companies in Phoenix Group shortly before its collapse.

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