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CIMIC knocks ballooning pleadings in shareholder class action
Class Actions 2022-09-30 2:08 pm By Sam Matthews

Construction firm CIMIC has foreshadowed a fight over ā€œobscureā€ new pleadings in a two year-old shareholder class action alleging the company failed to keep the market informed about issues with its Middle East operations.

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CBA defeats ‘misconceived’ ASIC conflicted remuneration case
Financial Services 2022-09-29 11:11 am By Sam Matthews

The Australian Securities and Investments Commission has suffered a defeat in proceedings alleging the Commonwealth Bank of Australia accepted conflicted remuneration through the sale of its Essential Super product, with a judge finding the regulator “ignored the circumstances” in which the product was distributed.

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Government flags tougher privacy laws in wake of Optus breach
Privacy & Cybersecurity 2022-09-29 5:19 pm By Sam Matthews

The federal government has flagged reforms to Australiaā€™s privacy laws in the wake of a cyberattack that left the data of up to 10 million current and former Optus customers exposed, including heftier penalties for companies that fail to safeguard usersā€™ personal data.

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ASIC takes Nuix to court over ‘misleading’ market announcements
Securities 2022-09-29 2:01 pm By Sam Matthews

The Australian Securities and Investments Commission has filed long-awaited action against troubled tech company Nuix and a handful of former and current directors over allegedly misleading revenue announcements to investors.

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Virgin class action to appeal ‘nonsensical’ indemnity ruling
Class Actions 2022-09-28 11:40 pm By Sam Matthews

The applicant in an investor class action against Virgin Australia plans to appeal a judgeā€™s decision requiring litigation funder Balance Legal Capital UK to give the airline an indemnity in order to bring the proceedings, saying the indemnity ā€œsubstantially changes the risk calculus” for group members.

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Judge mulls contradictor in $105M Boston Scientific class action settlement despite no red flags
Product Liability 2022-09-28 1:39 pm By Sam Matthews

The judge overseeing a class action against US medical device maker Boston Scientific is considering appointing a contradictor to look over the $105 million settlement reached in the case, despite seeing no obvious obstacle to approving the deal.

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Clive Palmer’s injunction bid premature in $30B spat over Pilbara iron ore mine, court says
Energy & Natural Resources 2022-09-28 11:19 pm By Sam Matthews

A judge overseeing mining magnate Clive Palmerā€™s latest spat with the West Australian government has declined to issue an injunction preventing the state from enforcing liabilities against Palmerā€™s companies Mineralogy and International Minerals under the controversial ā€˜Palmer Actā€™.

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In latest scathing reversal, judge gets overturned for ‘illogical’ finding against worker
Appeals 2022-09-27 11:04 pm By Sam Matthews

The Federal Court has overturned the ex-tempore ruling of a judge who has been taken to task in strongly-worded appeals court decisions on numerous occasions, saying his latest findings were flawed and illogical.

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‘Be afraid’: AG announces federal anti-corruption commission
Public Corruption 2022-09-27 12:20 am By Sam Matthews

Attorney-General Mark Dreyfus has announced legislation to establish a federal anti-corruption commission by mid-2023, pledging $262 million over four years to the body, which will have broad and retrospective powers to investigate public corruption.

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Criminal case should run before COVID-19 hotel quarantine class action, court told
COVID-19 2022-09-27 2:05 pm By Sam Matthews

The state of Victoria has brought criminal action against the DHHS over its handling of the hotel quarantine debacle in 2020 and wants to push off separate class action proceedings until the charges are heard.

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