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CBA defeats ‘misconceived’ ASIC conflicted remuneration case
Anna Wilson 2022-09-29 11:11 am By Sam Matthews

The Australian Securities and Investments Commission has suffered a defeat in proceedings alleging the Commonwealth Bank of Australia accepted conflicted remuneration through the sale of its Essential Super product, with a judge finding the regulator “ignored the circumstances” in which the product was distributed.

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Dick Smith execs ask High Court to toss case over final dividend
Alice Zheng 2022-09-29 10:33 pm By Cat Fredenburgh

Two former executives of defunct electronics retailer Dick Smith have asked the High Court to hear their challenge to a $11.8 million damages award for approving a dividend payment the company could not afford.

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Government flags tougher privacy laws in wake of Optus breach
Optus 2022-09-29 5:19 pm By Sam Matthews

The federal government has flagged reforms to Australia’s privacy laws in the wake of a cyberattack that left the data of up to 10 million current and former Optus customers exposed, including heftier penalties for companies that fail to safeguard users’ personal data.

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ASIC takes Nuix to court over ‘misleading’ market announcements
ASIC 2022-09-29 2:01 pm By Sam Matthews

The Australian Securities and Investments Commission has filed long-awaited action against troubled tech company Nuix and a handful of former and current directors over allegedly misleading revenue announcements to investors.

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Optus woes continue with second law firm investigation over data breach
Class Actions 2022-09-28 2:31 pm By Christine Caulfield

As the FBI joins the hunt for the hackers behind last week’s massive data breach at Optus, a second law firm has launched an investigation into possible claims against the telecommunications giant.

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Virgin class action to appeal ‘nonsensical’ indemnity ruling
Aviation 2022-09-28 11:40 pm By Sam Matthews

The applicant in an investor class action against Virgin Australia plans to appeal a judge’s decision requiring litigation funder Balance Legal Capital UK to give the airline an indemnity in order to bring the proceedings, saying the indemnity “substantially changes the risk calculus” for group members.

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Judge mulls contradictor in $105M Boston Scientific class action settlement despite no red flags
Class Actions 2022-09-28 1:39 pm By Sam Matthews

The judge overseeing a class action against US medical device maker Boston Scientific is considering appointing a contradictor to look over the $105 million settlement reached in the case, despite seeing no obvious obstacle to approving the deal.

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Santos appeals ruling pausing $4.7B offshore drilling project
Allens 2022-09-28 11:48 pm By Cindy Cameronne

Santos has filed an appeal after Tiwi Islanders won a Federal Court challenge to a $4.7 billion Barossa offshore gas project, with a judge finding they were not properly consulted about the project, which they say would harm their culture and way of life.

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Clive Palmer’s injunction bid premature in $30B spat over Pilbara iron ore mine, court says
Alexander Law 2022-09-28 11:19 pm By Sam Matthews

A judge overseeing mining magnate Clive Palmer’s latest spat with the West Australian government has declined to issue an injunction preventing the state from enforcing liabilities against Palmer’s companies Mineralogy and International Minerals under the controversial ‘Palmer Act’.

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Pelvic mesh class action halted after Astora files for bankruptcy in US
AJB Stevens 2022-09-28 3:48 pm By Cindy Cameronne

A judge has paused a class action on behalf of 6,000 women allegedly injured by defective pelvic mesh devices pending determination of an application by Astora Health for a stay of the proceedings following its bankruptcy filing.

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