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CBA hit with $5M penalty for overcharging customers
ASIC 2020-06-05 4:05 pm By Cat Fredenburgh Melbourne

A judge has approved a $5 million penalty against the Commonwealth Bank of Australia for overcharging customers $8 million in fees and interest on its agricultural products, despite previously expressing concerns that the penalty was “on the light side”.

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ASIC’s proposed $5M penalty against CBA ‘on the light side’, judge says
ASIC 2020-06-04 12:33 pm By Miklos Bolza Sydney

A judge has questioned ASIC’s proposed $5 million penalty against the Commonwealth Bank of Australia, saying it was “on the light side” for the bank’s conduct in overcharging $8 million in fees on its agricultural products.

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J&J unit hit with indemnity costs for ‘unreasonable conduct’ in pelvic mesh class action
Andrew Naylor 2020-05-26 8:13 pm By Alison Eveleigh Sydney

Johnson & Johnson subsidiary Ethicon has been hit with an indemnity costs order for “unreasonable conduct” after its loss in last year’s pelvic mesh class action ruling, which found that the pharmaceutical giant did not adequately warn of the risks of the implants.

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VW carve-out settlement may become more popular as class action scrutiny heats up
Adam Hochroth 2020-05-25 8:24 pm By Christine Caulfield Melbourne

The settlement arrangement resolving five class actions against Volkswagen, which carved out hefty legal fees from the $120 million payout to drivers, could become more prevalent as the spotlight is once again trained on the cost of class actions. But the approach is not without controversy, experts say.

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Virgin administrators relieved of JobKeeper liability
Carolyn Conway 2020-05-20 6:31 pm By Alison Eveleigh Sydney

Virgin Australia’s administrators will not be responsible of any overpayments of the JobKeeper allowance, which is currently being claimed on behalf of thousands of the embattled airline’s employees.

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Court suppresses details of Grosvenor, Vannin co-funding agreement
ACCC 2020-05-18 4:16 pm By Miklos Bolza Sydney

A court has granted a request from Grosvenor Litigation Services, the funder that backed two class actions against Volkswagen over its emissions cheating scandal, to suppress the details of a co-funding agreement with Vannin Capital.

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Virgin administration a billables bonanza for top firms
Allen & Overy 2020-05-18 3:44 pm By Alison Eveleigh Sydney

The Virgin Australia administration continues to boost billables at the top end of town, with a short list of “well-funded” buyers revealed on Monday and an intense four weeks ahead as the bidders and their law firms scramble to make binding offers by the mid-June deadline.

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J&J won’t ask judge to recuse himself from pelvic mesh appeal
Appeals 2020-05-15 6:09 pm By Miklos Bolza Sydney

Medical device giant Johnson & Johnson has confirmed it will not seek the recusal of a Federal Court judge from a panel overseeing its pelvic mesh class action appeal, despite earlier raising concerns that he had seen privileged settlement communications.

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COVID-19 sees Virgin administrators absolved of liability on unprecedented scale
Clayton Utz 2020-05-15 4:40 pm By Alison Eveleigh Sydney

The administrators of Virgin Australia have been absolved of personal liability for the ongoing operation of the embattled airline on an unprecedented scale, with Australia’s airline duopoly and the effects of the COVID-19 pandemic justifying the “extraordinarily wide” orders.

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In a first, judge says High Court dealt CFOs a total knockout
Adam Hochroth 2020-05-14 6:08 pm By Miklos Bolza Sydney

A judge has found that the High Court’s landmark ruling last year blocking common fund orders in the early stages of a class action also barred them from being made at the conclusion of a proceeding, departing from several recent rulings on common fund orders.

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