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Ex-Tennis Australia director Harold Mitchell must pay $90,000 in ASIC case
ASIC 2020-11-04 12:47 pm By Miklos Bolza

The Federal Court has ordered former Tennis Australia director Harold Mitchell to pay a $90,000 penalty after a “narrow” win for ASIC in its case over the domestic broadcast rights to the Australian Open.

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Citing dangers of ‘hypothetical postulation’, Full Court declines to answer common fund order question
Class Actions 2020-11-03 3:25 pm By Miklos Bolza

The Full Court Federal Court has declined to answer a question posed by 7-Eleven as to whether common fund orders can be made on settlement or judgment in a class action, saying the issue should be dealt with on facts, not assumptions. In a judgment handed down on Tuesday, the Full Court dismissed 7-Elevenā€™s bid…

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7-Eleven says courts have no power to ever make a common fund order
Class Actions 2020-10-27 11:51 pm By Christine Caulfield

The High Court majority’s reasoning in the decision nixing common fund orders at an early stage of a class action leads “inexorably and inevitably” to the conclusion that there is no power to make such an order at any time in a proceeding, counsel for 7-Eleven has told an appeals court.

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CBA fined $150,000 for increasing problem gambler’s credit card limit
Financial Services 2020-10-23 5:30 pm By Christine Caulfield

The Commonwealth Bank of Australia has been fined $150,000 after a Federal Court judge found the bank had breached the law by increasing a problem gambler’s credit card limit but that the conduct was “not systematic, deliberate or covert”.

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‘Strained and fanciful’: Court tosses Telstra suit over Optus’ ‘more than ever before’ ads
Competition & Consumer Protection 2020-09-25 1:52 pm By Cat Fredenburgh

Telstra has suffered a defeat in its lawsuit accusing competitor Singtel Optus of violating consumer laws with ads claiming it is “covering more of Australia than ever before”, with a judge calling Telstra’s allegations that the ads implied a comparison with other telcos “strained and fanciful”.

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Glencore wins appeal in shipping fee fight with Port of Newcastle
Competition & Consumer Protection 2020-08-27 9:41 pm By Alison Eveleigh

Mining giant Glencore has won its appeal over access charges to Port of Newcastle shipping channels used to export coal from the Hunter Valley.

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CBA hits back at ASIC conflicted remuneration case
Financial Services 2020-08-26 10:50 pm By Miklos Bolza

The Commonwealth Bank of Australia has denied that it received any benefits through the sale of its Essential Super product, rejecting claims by Australian Securities and Investments Commission that it breached the conflicted remuneration provisions of the Corporations Act.

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Transurban’s West Gate Tunnel dispute with CPB, John Holland goes to arbitration
Transportation & Infrastructure 2020-08-12 4:04 pm By Alison Eveleigh

A judge has ordered that disputes arising between Transurban and a group of contractors over the discovery of toxic PFAS chemicals in the soil at the site of the multi-billion dollar West Gate Tunnel project in Melbourne be sent to arbitration.

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ASIC scores ‘narrow’ win in case against ex-Tennis Australia director
ASIC 2020-07-31 12:43 pm By Miklos Bolza

A judge has handed ASIC a “narrow” win in its action against former Tennis Australia director Harold Mitchell, tossing most of the regulator’s case and accusing it of “confirmatory bias”.

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Uber fails in second bid to put brakes on taxi driver class action
Class Actions 2020-07-22 3:42 pm By Alison Eveleigh

Uber has lost its latest challenge to a landmark class action that alleges the ride-sharing giant engaged in a conspiracy to steal business from taxi and limousine drivers across four states, with an appeals court dismissing arguments the case failed to properly allege an intent to harm.

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