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Megasave hit with $1.9M penalty for misleading prospective franchisees
ACCC 2021-04-29 3:37 pm By Christine Caulfield Melbourne

A judge has imposed a $1.9 million penalty against Megasave Couriers after the delivery company was found to have misled franchisees with false promises of guaranteed minimum weekly payments and annual income.

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Lawyer’s meeting notes don’t belong to client, HWL Ebsworth tells court
Alastair Vincent 2021-04-29 2:20 pm By Christine Caulfield Melbourne

A junior solicitor’s meeting notes during an ASIC investigation of ANZ did not belong to her client despite the lawyer billing for her attendance at the meeting, law firm HWL Ebsworth has argued before a skeptical judge.

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Group size trimmed in aged care class actions over COVID-19 outbreaks
Andrew Broadfoot 2021-04-28 9:07 pm By Cindy Cameronne Sydney

Staff members who worked for two Melbourne aged care providers will be removed as group members in class actions accusing the homes of negligently handling the coronavirus pandemic.

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WA premier chips away at Clive Palmer’s defence in border closure defamation case
Carmel Galati 2021-04-28 8:45 pm By Cindy Cameronne Sydney

A judge has partially struck out mining magnate Clive Palmer’s defence to WA Premier Mark McGowan’s defamation claim over statements which allegedly accused the premier of corruption, abusing his position and lying about the decision to close the state’s borders at the height of the COVID-19 pandemic last year.

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Judge puts class action lawyers on notice to reduce costs with junior barristers
Alec Leopold 2021-04-28 3:02 pm By Miklos Bolza Sydney

A Federal Court judge has ordered that a referee consider how junior barristers were used in assessing the legal costs in an insurance class action against Westpac which the bank has agreed to pay up to $30 million to settle.

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CBA warns of ‘danger’ in using app to alert customers to $7M penalty
ASIC 2021-04-28 2:31 pm By Miklos Bolza Sydney

The Commonwealth Bank of Australia is resisting a novel proposal by ASIC to use its CommBank app to notify 6.3 million customers of a $7 million fine against it for overcharging interest, saying the move would pose a “significant risk” to the public.

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Mediation success rates have ‘plummeted’ in COVID era, judge says
Catherine Button 2021-04-28 2:14 pm By Miklos Bolza Sydney

A judge has urged parties in a class action against Westpac over superannuation fees to hold an in-person mediation, saying that success rates have “plummeted” during the COVID-19 pandemic as more settlement talks are held virtually.

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Court can order class action opt out notices for limited number of group members, judge says
Anya Poukchanski 2021-04-27 9:21 pm By Miklos Bolza Sydney

A judge has found he has power to order that opt out notices be sent to a limited number of Boral shareholders eligible to join two class actions that faced off last month in a class action beauty parade.

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Otzuka, Bristol-Myers lose discovery bid in decade-old fight over Abilify
Allens 2021-04-27 4:46 pm By Christine Caulfield Melbourne

The companies behind the top selling Abilify medication have lost their latest bid for documents from the Commonwealth in a multimillion dollar dispute over the delayed listing of generic versions of their drug, with a judge saying the material could be only “of the most marginal relevance”.

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Boral must pay $4.8M in cement supply stoush with Wagners
Ashurst 2021-04-27 2:21 pm By Christine Caulfield Melbourne

Building products supplier Wagners has been awarded $4.8 million from Boral after Wagners successfully challenged a ruling in a high-stakes cement supply dispute with the construction material giant.

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