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ASIC takes Forex CT to court over ‘unconscionable’ sales tactics
ASIC 2020-07-17 4:03 pm By Miklos Bolza Sydney

ASIC has launched court proceedings against Melbourne-based foreign exchange and derivative trader Forex CT alleging it engaged in unconscionable sales tactics that led to hundreds of thousands of dollars in investor losses.

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Kogan misled customers with tax promotion, court finds
ACCC 2020-07-17 12:45 pm By Miklos Bolza Sydney

The Australian Competition and Consumer Commission has succeeded in its case against Kogan, with a judge finding statements the online retailer made during a 2018 promotion were misleading and drew consumers into the company’s “marketing web”.

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Gatto denied jury trial in defamation case against ABC
David Klempfner 2020-07-16 9:11 pm By Alison Eveleigh Sydney

Underworld figure Mick Gatto has been denied a trial by jury in his defamation proceedings against the ABC, with the judge-only hearing scheduled to start next week.

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Mining giant beats back challenge to lost profits claim in dispute over $2.5B WA iron ore mine
Appeals 2020-07-16 5:27 pm By Christine Caulfield Sydney

A subsidiary of US mining giant Cleveland-Cliffs has fought back a second bid to quash its counterclaim for lost profits in a contractual dispute over the lucrative Koolyanobbing iron ore mine, with the Western Australia Court of Appeal saying the claim was not “clearly untenable” as argued.

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Medibank ordered to pay $5M for misleading members over coverage for critical surgery
ACCC 2020-07-16 1:20 pm By Christine Caulfield Melbourne

A judge has ordered private health insurer Medibank to pay $5 million in penalties for rejecting the claims of hundreds of members who were entitled to coverage for critical medical procedures, including spinal surgery.

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Elaine Stead says in-person mediation ‘waste of time’ in Nine defamation case
Banki Haddock Fiora 2020-07-16 12:24 pm By Miklos Bolza Sydney

Venture capitalist Elaine Stead has refused to go into a second round of mediation in her defamation case against the Nine-owned Fairfax Media Publications saying it would be a “waste of time”.

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‘Horrendous class action journey’: BoQ case should be focus of inquiry, group members say
ASIC 2020-07-15 11:23 pm By Miklos Bolza Sydney

Elderly victims of Ponzi schemer Bradley Sherwin have told the government’s class action inquiry of their “horrendous class action journey”, which led to a “pathetic outcome” in which the majority of a $12 million settlement with the Bank of Queensland went to the law firm and funder behind the case.

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Westpac defends AUSTRAC disclosures in shareholder class action
AUSTRAC 2020-07-15 7:02 pm By Miklos Bolza Sydney

Westpac has denied claims in a shareholder class action filed in the wake of AUSTRAC proceedings alleging 23 million breaches of anti-money laundering and counter-terrorism finance laws, saying the information the class action says it should have disclosed to shareholders “did not exist”.

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COVID-19 has led to 30 per cent spike in FWC cases, president says
Coronavirus 2020-07-15 6:53 pm By Miklos Bolza Sydney

An increase in the number of unfair dismissal cases and the addition of JobKeeper disputes has seen the general caseload of the Fair Work Commission jump by 30 per cent as a result of the COVID-19 pandemic, FWC President Justice Iain Ross AO told Lawyerly.

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P&G says stores will stop stocking its whitening toothpaste if Colgate case isn’t fast tracked
Competition & Consumer Protection 2020-07-15 6:30 pm By Alison Eveleigh

Personal care giant Procter & Gamble has told a court that some of its Oral B teeth whitening products may be taken off retailer’s shelves if its lawsuit, which alleges competitor Colgate-Palmolive made misleading claims that its whitening toothpaste can remove 10 years of stains, is not expedited.

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