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In a first, Lactalis hit with $950,000 penalty for Dairy Code breaches
ACCC 2023-07-25 11:11 pm By Cat Fredenburgh

Dairy processor Lactalis Australia has been hit with a $950,000 penalty in the first proceedings against a company for breaches of the Dairy Code.

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ASIC’s power to order fines for Credit Code violations won’t face challenge
ASIC 2023-06-27 11:54 pm By Cindy Cameronne

Queensland lender SunshineLoans has lost its second bid for the Full Court to decide whether ASIC has the power to bring civil penalty proceedings for violations of the Credit Code, with a judge finding its arguments were not strong enough to vacate an upcoming trial.

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Full Court won’t weigh in on ASIC’s power to seek penalties for Credit Code violations
Appeals 2023-06-15 10:00 pm By Gareth Baker

Sunshine Loans has lost its bid to have the Full Court weigh in on ASIC’s authority to seek penalties for Credit Code violations, in proceedings accusing the online lender of charging over $320,000 in prohibited fees. 

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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

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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Hog’s Breath Cafe franchisees mull declassing bid in own class action
Class Actions 2023-04-26 2:38 pm By Christine Caulfield

The lead applicant in a franchisee class action against the Hog’s Breath Cafe restaurant chain is considering an application to declass the case it brought after losing a challenge to a $1.23 million security for costs order.

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Insurers score win in court battle over $695M Pacific Highway project
Construction 2023-03-28 3:45 pm By Sam Matthews

The Full Court has found that a policy exclusion applies in a dispute between Acciona Infrastructure and Ferrovial Construction and three insurers over coverage for loss and damage caused by heavy rainfall during the construction of the $695 million Pacific Highway in northern New South Wales.

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NAB acted unconscionably with periodic payment fee overcharges, judge finds
ASIC 2022-11-07 11:24 pm By Christine Caulfield

A court has found National Australia Bank engaged in unconscionable conduct in knowingly overcharging thousands of customers periodic payment fees for four years.

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Franchisees in class action against Hog’s Breath Cafe lose appeal of $1.2M security order
Class Actions 2022-09-26 11:39 pm By Christine Caulfield

A potentially stultifying order for $1.23 million in security for costs in a class action against the Hog’s Breath Cafe restaurant chain has survived a challenge by the franchisees.

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Lactalis breached Dairy Code by not publishing milk prices, court rules
ACCC 2022-09-16 10:19 pm By Sam Matthews

A judge has found that dairy processor Lactalis Australia breached a mandatory industry code between farmers and processors requiring it to publish milk supply contracts on its website.

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Full Court upholds class action waiver in Ruby Princess case
Amy Reid 2022-09-02 9:42 am By Cindy Cameronne

The Full Federal Court has thrown out a decision that found foreign passengers could join a class action against cruise operator Carnival PLC over the 2020 COVID-19 outbreak aboard the Ruby Princess, finding a class action waiver was not unfair.

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