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Coles, Woolworths ‘can’t hide behind’ poor records, court told as underpayments trial kicks off
Trials 2023-06-05 5:56 pm By Cindy Cameronne

On the first day of trial in parallel class actions and regulatory proceedings, the Fair Work Ombudsman panned the payment systems adopted by Woolworths and Coles for salaried managers, saying they were “entirely foreign” to the industrial award and that the supermarket giants had “no meaningful proper records” for overtime. 

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Insignia broke promise to hire PwC to review model portfolio: trial
Trials 2023-06-05 11:31 pm By Sam Matthews

Despite assurances, wealth manager Insignia Financial did not engage PricewaterhouseCoopers to review the performance of its ‘Buy Model” investment portfolio after an equities analyst complained it had been overstated, a court overseeing a shareholder class action trial has been told.

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Ben Roberts-Smith not ‘honest and reliable’, had motives to lie, judge says
Defamation 2023-06-05 5:07 pm By Cat Fredenburgh

A judge has published his reasons for tossing Ben Roberts-Smith’s defamation lawsuits over publications accusing him of war crimes, saying the former SAS corporal was not “honest and reliable”.

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Parents of fraudster Melissa Caddick paid $1M to vacate Edgecliff property
Restructuring & Insolvency 2023-06-05 11:14 pm By Sam Matthews

The parents of deceased fraudster Melissa Caddick will take $950,000 to move out of a multi-million dollar property in Sydney’s East, which will now be sold by receivers.

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ABC broadcast Brittany Higgins’ speech to prejudice rape trial, court told
Defamation 2023-06-05 11:38 pm By Gareth Baker

The ABC acted with malice when it aired Brittany Higgins’ defamatory National Press Club speech in full, and the broadcaster’s public interest defence won’t save it, accused rapist Bruce Lehrmann has said.

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Hog’s Breath class action ‘can’t be left in abeyance forever’, judge says
Class Actions 2023-06-05 4:22 pm By Gareth Baker

A judge has warned against a franchisee class action against Hogs Breath Cafe Australia remaining in limbo after the restaurant chain’s bid to toss the case was set back by the second applicant’s poor health. 

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‘Fundamentally wrong’: Judge pans AMP’s payment to PwC for remediation review
Financial Services 2023-06-02 3:48 pm By Cindy Cameronne

It was “fundamentally wrong” that AMP Financial Planning paid consultant PricewaterhouseCoopers significantly more to review a court-ordered remediation than was paid to customers who suffered loss after an adviser churned life insurance policies for higher commissions, a judge has said.

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‘Completely at sea’: Banks push for class closure in flex commissions cases
Class Actions 2023-06-02 10:33 pm By Sam Matthews

Westpac, Macquarie and ANZ are seeking class closure orders ahead of mediation in three class actions over flexible commissions schemes, telling a court hearing they will be “completely at sea” without a better idea of the class size.

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Targets of Pokemon’s IP lawsuit were victims of identity theft, court told
Intellectual Property 2023-06-02 3:04 pm By Christine Caulfield

The defendants in a trade mark infringement case by the Pokemon Company were the victims of identity theft and were wrongly named in the suit, a court has heard.

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Apple can argue patent invalid because of HP device first sold in 2000
Intellectual Property 2023-06-02 10:21 pm By Cindy Cameronne

Apple can argue an Australian non-practicing entity that claims its patents for a remote entry system were infringed by the tech company’s Touch ID and Face ID technology are invalid because of a Hewlett Packard handheld device that was first sold in 2000. 

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