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ASIC, NAB clash over $10M penalty exposes ‘vague status’ of concise claims, judge says
ASIC 2023-06-06 3:53 pm By Sam Matthews Melbourne

NAB has told a court it should pay a $2 million penalty — not the $10 million proposed by ASIC  — for engaging in unconscionable conduct by overcharging customers, saying the exact words used in the regulator’s concise statement accuse it only of a single contravention.

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Restaurant chain Fogo Brazilia, law practice face franchisee class action
Class Actions 2023-06-06 3:50 pm By Cindy Cameronne

Restaurant chain Fogo Brazilia is facing a class action alleging it misled franchisees about the profitability of its businesses, with business owners also making claims against an employment law practice that drafted the franchise agreements.

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Insurers on hook for combustible cladding claims against builder LU Simon
Amelia Smith 2023-06-06 3:14 pm By Cindy Cameronne Sydney

A judge has found insurers must cover claims against builder LU Simon Builders over alleged combustible cladding in Melbourne’s Atlantis Towers after a judge found the owners were “obvious candidates” to bring legal action.

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Dell admits duping customers about price of add-on monitors, says sorry
ACCC 2023-06-06 3:14 pm By Gareth Baker Sydney

Dell Australia has apologised to consumers and admitted misleading those who purchased add-on computer monitors by inflating the pre-discount price, sometimes to more than the product’s normal retail value.

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Bubs Australia sued by founder, ex-chairman after board spill
Clayton Utz 2023-06-06 1:43 pm By Cindy Cameronne Sydney

Two directors who were ousted from Bubs Australia and have mounted a challenge to its new leadership have filed proceedings against the infant formula company for breach of workplace rights.

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Court action launched over Tanya Plibersek’s ‘irrational’ coal mine approvals
Climate change 2023-06-06 12:29 pm By Gareth Baker Sydney

Climate justice groups have launched a challenge to federal environment minister Tanya Plibersek’s decision to expand two proposed mega coal mines in NSW, arguing her refusal to accept the scientific evidence of climate risk was irrational and unlawful. 

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ABC broadcast Brittany Higgins’ speech to prejudice rape trial, court told
ABC 2023-06-05 11:38 pm By Gareth Baker Sydney

The ABC acted with malice when it aired Brittany Higgins’ defamatory National Press Club speech in full, and the broadcaster’s public interest defence won’t save it, accused rapist Bruce Lehrmann has said.

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Insignia broke promise to hire PwC to review model portfolio: trial
Caspar Conde 2023-06-05 11:31 pm By Sam Matthews Melbourne

Despite assurances, wealth manager Insignia Financial did not engage PricewaterhouseCoopers to review the performance of its ‘Buy Model” investment portfolio after an equities analyst complained it had been overstated, a court overseeing a shareholder class action trial has been told.

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Parents of fraudster Melissa Caddick paid $1M to vacate Edgecliff property
ASIC 2023-06-05 11:14 pm By Sam Matthews Melbourne

The parents of deceased fraudster Melissa Caddick will take $950,000 to move out of a multi-million dollar property in Sydney’s East, which will now be sold by receivers.

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Hog’s Breath class action ‘can’t be left in abeyance forever’, judge says
Class Actions 2023-06-05 4:22 pm By Gareth Baker Sydney

A judge has warned against a franchisee class action against Hogs Breath Cafe Australia remaining in limbo after the restaurant chain’s bid to toss the case was set back by the second applicant’s poor health. 

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