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Amex hit with $8M penalty in first ever case over DDO breaches
Financial Services 2024-07-19 1:58 pm By Cindy Cameronne

A judge has ordered credit card giant American Express to pay $8 million in ASIC’s first-ever case over design and distribution obligations, but has criticised the recently enacted provisions as being “poorly drafted”. 

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Sky News appeals loss to Isentia in case of ‘wholesale copying’
Intellectual Property 2024-05-15 11:09 pm By Christine Caulfield

Sky News has taken its fight with Isentia to the Full Federal Court, after a judge found the the media monitor was not liable for copyright infringement despite the “wholesale copying” of content distributed to government clients.

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Media monitor Isentia wins copyright fight with Sky News despite ‘wholesale copying’
Intellectual Property 2024-04-26 2:46 pm By Cindy Cameronne

A judge has ruled that media monitor Isentia did not infringe the copyright of Sky News, despite the “wholesale copying” of content for its government clients, because its actions were done for the “services of the Commonwealth or State”.

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Phoenix hit with record $438M penalty for unconscionable enrollment practices
Competition & Consumer Protection 2023-07-28 10:13 pm By Cat Fredenburgh

Collapsed vocational education provider Phoenix Institute and its marketing arm have been hit with a record $438 million penalty after a judge found they acted unconscionably and with “callous indifference” by enticing vulnerable consumers to enrol in unsuitable courses with promises of free laptops.

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Full Court triples ‘manifestly inadequate’ penalty against Employsure
Competition & Consumer Protection 2023-02-08 11:34 am By Cindy Cameronne

The Australian Competition and Consumer Commission has won its appeal against Employsure over alleged misleading Google advertisements, with the Full Federal Court upping the penalty against the specialist workplace relations consultancy from $1 million to $3 million.

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Payday lender resists ASIC push for injunction, citing fear of contempt
Financial Services 2022-11-28 11:02 pm By Cindy Cameronne

Payday lenders BHF Solutions and Cigno are fighting ASIC’s bid for an injunction barring them from breaching consumer credit laws, with BHF claiming it should not be exposed to contempt.

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Apple flags fight over consolidation of app store competition class actions
Competition & Consumer Protection 2022-11-18 5:39 pm By Cindy Cameronne

Apple has foreshadowed a challenge in the event two law firms seek to work together on a consolidated class action that alleges both Apple and Google engaged in anti-competitive conduct in operating their app stores.

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ASIC says judge should not wait on High Court in case against payday lenders
Financial Services 2022-07-29 11:18 pm By Christine Caulfield

The corporate regulator will challenge a bid by payday lenders Cigno and BHF to stay its case pending their appeal to the High Court.

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New competition class actions in the works against Apple, Google
Competition & Consumer Protection 2022-07-22 9:10 pm By Sam Matthews

Another law firm is planning competition class actions against Apple and Google over their app stores, just over a month after Phi Finney McDonald filed group proceedings against the tech giants, setting up a beauty parade that adds a wrinkle to similar cases brought by Epic Games.

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ACCC appeals ruling from judge who ‘gagged’ at proposed $5M Employsure penalty
Appeals 2022-01-14 11:58 am By Cat Fredenburgh

The ACCC will seek a higher penalty against Employsure over misleading Google advertisements, after a judge found the consumer regulator’s proposed $5 million penalty was inappropriate and instead ordered the specialist workplace relations consultancy to pay $1 million.

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