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Judge says Queensland energy class action should be open to all eligible consumers
Competition & Consumer Protection 2022-07-11 6:32 pm By Cindy Cameronne

A judge has ordered that a competition class action against Queensland power companies Stanwell and CS Energy be made open to all energy consumers in the state, saying it was not a “plain vanilla” commercial class action. 

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Life insurer Select AFSL used unconscionable phone sales tactics, court finds
Insurance 2022-07-11 2:25 pm By Cindy Cameronne

Insurer Select AFSL acted unconscionably when selling life, funeral and accidental injury insurance over the phone, a court has found in a case brought by the Australian Securities and Investments Commission.

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Judge questions if funders should get lower commissions in employment class actions
Class Actions 2022-07-08 11:55 pm By Cindy Cameronne

A judge overseeing the settlement approval of an underpayments class action against telco contractor BSA has questioned whether litigation funders should receive commissions lower than the market rate for running employment class actions.

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‘What are solicitors doing writing press releases?’ Tolga Kumova trial judge asks
Trials 2022-07-07 4:05 pm By Cindy Cameronne

A judge has questioned why solicitors representing Twitter personality Stock Swami published a media release about his “backstory” two days before trial in a defamation case brought by mining investor Tolga Kumova.

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ASIC hits $1 billion ‘licensee for hire’ firm with court proceedings
Financial Services 2022-07-07 1:13 pm By Cindy Cameronne

The Australian Securities and Investments Commission has filed civil penalty proceedings against advisory firm Lanterne Fund Services, alleging it ran a “wholly deficient business”.

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Tolga Kumova’s tweets ‘clearly apt to mislead’, judge says
Trials 2022-07-06 7:49 pm By Cindy Cameronne

A judge overseeing a defamation case brought by Tolga Kumova against Twitter personality Stock Swami has said tweets the mining investor published which allegedly spruiked shares in which he invested were “clearly apt to mislead”.

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Judge frowns on survey to determine CBA’s liability in rest break case
Employment 2022-07-06 5:03 pm By Cindy Cameronne

A judge has questioned the Finance Sector Union’s idea to use a survey to gather evidence about 3,000 employees who claim the Commonwealth Bank of Australia failed to provide them with paid rest breaks for at least six years.

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Virgin moves to throw out ‘unintelligible’ lawsuit over COVID-19 jab mandate
COVID-19 2022-07-06 3:22 pm By Cindy Cameronne

Virgin Australia will seek to throw out a case brought by former employees over a COVID-19 vaccine mandate, which a lawyer for Qantas and Jetstar, which are also named in the suit, said “breaks every pleading rule”.

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No smoking gun, but Stock Swami likely to face contempt charge
Defamation 2022-07-05 4:56 pm By Cindy Cameronne

Mining investor Tolga Kumova is “likely” to go after Twitter personality Stock Swami for contempt of court after he admitted he lied and withheld evidence in a defamation case, despite a judge saying there was “no smoking gun”.

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AIG loses bid for docs despite privilege waiver over barristers’ advice
Insurance 2022-07-05 6:32 pm By Cindy Cameronne

AIG can’t force investment firm Sayers to hand over communications over which it claimed legal professional privilege, with a judge rejecting the argument that Sayers could not “cherry pick” which advice it disclosed after waiving privilege over advice given by two barristers in 2017 and 2019.

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