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Judge rejects recusal bid in barrister’s disciplinary case for ‘none of your business’ remark
Legal Ethics 2022-10-26 3:42 pm By Sam Matthews

A judge has refused to recuse herself from hearing disciplinary proceedings brought against a barrister over complaints that she used “judicially inappropriate words” at an interlocutory hearing.

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Astora’s sudden fall into bankruptcy amid pelvic mesh class action ‘troubling’, judge says
Class Actions 2022-10-26 4:55 pm By Cindy Cameronne

A judge has stayed a class action on behalf of 6,000 women allegedly injured by defective pelvic mesh devices after Astora Women’s Health filed for bankruptcy in the United States, but questioned how the company had suddenly come to have no assets.

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ANZ cops $25M penalty for short-changing half a million Breakfree customers
Financial Services 2022-10-26 12:14 pm By Christine Caulfield

A judge has hit ANZ with a $25 million penalty in a case by the corporate regulator that alleged the bank short-changed hundreds of thousands of customers to the tune of $200 million.

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ASIC appeals loss in conflicted remuneration case against CBA
Financial Services 2022-10-26 5:18 pm By Cindy Cameronne

The Australian Securities and Investments Commission has filed an appeal after a judge dismissed its case alleging the Commonwealth Bank of Australia accepted conflicted remuneration through the sale of its Essential Super product, finding it was “misconceived”.

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Crane maker NQCranes agrees to $1M penalty in ACCC’s cartel case
Competition & Consumer Protection 2022-10-26 11:36 am By Cindy Cameronne

Queensland crane company NQCranes has agreed to pay a $1 million penalty in the Australian Competition and Consumer Commission’s case alleging it engaged in a conspiracy with a multinational rival to divide the Brisbane and Newcastle markets.

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Bayer needs ‘thoughts and prayers’ to make out privilege claim in class action, court told
Product Liability 2022-10-25 11:05 pm By Cindy Cameronne

A class action against Bayer over its allegedly defective Essure contraceptive devices has admonished the drug manufacturer’s bid to shield emails considered privileged in similar US litigation, arguing “thoughts and prayers” are needed to sustain the claim.

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$27M penalty for ‘extensive and systematic’ failures by CBA units
Financial Services 2022-10-25 11:03 pm By Sam Matthews

Commonwealth Bank units CommSec and Australian Investments Exchange have been ordered to pay more than $27 million for “serious and unacceptable” system failures that led to excessive fee charges for customers.

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Facebook flags potential conflict of interest in cryptocurrency ad class action
Cryptocurrency 2022-10-25 2:45 pm By Sam Matthews

Facebook owner Meta wants to uncover the basis on which crypto tokens have been issued to bankroll a class action over its 2018 ban on cryptocurrency ads, citing the potentially conflicted interests of the self-represented lead applicant.

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Class action against NAB over Walton collapse can’t add insolvent trading claim
Restructuring & Insolvency 2022-10-24 12:18 pm By Sam Matthews

A judge has rejected a bid to add an insolvent trading claim to a $78 million class action over the collapse of Walton Construction, citing “extraordinary” delays in the three-year-old case.

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Judge wants delayed Sydney light rail class action finished by year’s end
Transportation & Infrastructure 2022-10-24 1:07 pm By Cindy Cameronne

A class action trial over Sydney’s $3 billion light rail has been pushed off to next month after the applicant’s eleventh-hour amendments, but a judge has warned the parties they should wrap up the case by the end of the year..

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