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War crimes investigator can access sensitive info in Ben Roberts-Smith case
Defamation 2023-09-27 3:09 pm By Cindy Cameronne

The Office of the Special Investigator has been granted access to sensitive evidence in Ben Roberts-Smith’s unsuccessful defamation case against Fairfax for its investigation into war crimes in Afghanistan. 

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A judge’s guide to winning the class action settlement administration gig
Class Actions 2023-09-26 11:30 pm By Cindy Cameronne

A former top judge appointed to decide the first-ever contest to administer a class action settlement has set out his criteria for making the choice, and has warned that giving the firm running a case a monopoly right to dole out the proceeds could lead to higher costs for group members and poorer settlement outcomes.

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ANZ cops $15M penalty in ASIC case over cash advance fees
Financial Services 2023-09-26 10:27 am By Cindy Cameronne

A judge has ordered ANZ to pay a $15 million agreed penalty in a case over more than $10 million in cash advance fees charged to the credit card accounts of hundreds of thousands of customers.

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UNSW knew record-keeping practices were inadequate: Ombudsman
Employment 2023-09-26 1:56 pm By Cindy Cameronne

The Fair Work Ombudsman has taken the University of New South Wales to court, alleging its record keeping practices were “so inadequate” that it was difficult to identify whether employees were underpaid.

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Reject Shop underpayments class action hit with costs for ‘late retreat’
Employment 2023-09-25 3:48 pm By Cindy Cameronne

The lead applicant in an underpayments class action against The Reject Shop has been hit with costs after his “last minute” withdrawal of a bid to add claims that the discount retail chain made misrepresentations to store managers.

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ABC can’t duck entrepreneur’s defamation case
Defamation 2023-09-25 4:13 pm By Cindy Cameronne

A judge has expressed his preliminary view that cases brought in Queensland cannot be thrown out where the costs of the claims are disproportionate to their importance, allowing a defamation case by entrepreneur Robert McVicker against the ABC to proceed. 

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Home Affairs secretary Michael Pezzullo faces investigation over texts with lobbyist
Politics 2023-09-25 11:30 pm By Cindy Cameronne

Michael Pelluzo has stood aside as Home Affairs secretary while the Australian Public Service Commission investigates allegations he tried to influence ministers and undermine rivals, contrary to rules that he remain apolitical and independent.  Prime Minister Anthony Albanese said on Monday that former APS commissioner Lynelle Briggs will be conducting an investigation into the allegations…

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Findex wins appeal in ‘tortured’ dispute with financial advisor
Financial Services 2023-10-03 3:10 pm By Cindy Cameronne

Wealth management firm Findex can add new claims for damages in its long-running dispute with a former financial advisor who allegedly sent disparaging emails to clients and investors and brought his own claim in trespass after the company seized documents from his residence. 

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Judge’s service with silk on chambers’ board gave rise to appearance of bias: court
Legal Ethics 2023-09-22 4:14 pm By Cindy Cameronne

An appeals court has set aside findings of professional misconduct against a Perth solicitor who allegedly failed to pay a silk $23,000 in fees after finding a tribunal member had served on a chambers’ board with the senior barrister for eight years. 

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NAB ordered to pay ‘woefully insufficient’ penalty in ASIC fee case
Financial Services 2023-09-22 10:02 am By Cindy Cameronne

A judge has ordered National Australia Bank to pay just one-fifth the $10 million penalty proposed by ASIC for overcharging customer fees, taking aim at the regulator’s concise pleading and saying the maximum penalty he could order was “woefully inadequate”.

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