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ASIC seeks $40M penalty against NAB over inadequate fee disclosures
Financial Services 2021-06-17 3:06 pm By Christine Caulfield

National Australia Bank has admitted in court it broke the law by charging fees it was not entitled to collect, but the bank and the corporate regulator are $25 million apart on what is an appropriate penalty.

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Sister of NBA star Ben Simmons won’t defend defamation case over sexual abuse tweets
Defamation 2021-08-03 2:25 pm By Bianca Hrovat

A judge has entered default judgment against the sister of NBA star Ben Simmons in a defamation case by her half-brother over tweets alleging he sexually molested her as a child, after the court heard she would not defend the proceedings.

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PwC says ATO should stick to plan at upcoming privilege hearing
Tax 2021-08-03 2:10 pm By Miklos Bolza

PricewaterhouseCoopers has objected to swathes of evidence from the Commissioner of Taxation being included in an upcoming trial over privilege, claiming the material oversteps a process put in place by the court to only examine a small sample of documents.

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Prospect of longer COVID-19 lockdown stalls Ben Roberts-Smith trial
Defamation 2021-08-02 12:10 pm By Cat Fredenburgh

Trial in war veteran Ben Roberts-Smith’s defamation case over articles accusing him of war crimes has been adjourned until November in light of the current COVID-19 lockdown in Sydney, which a judge noted could be extended beyond the month of August.

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ASIC wins bad advice case against IOOF unit RI Advice
Financial Services 2021-08-02 10:30 am By Cindy Cameronne

The Australian Securities and Investments Commission has won its case against IOOF unit RI Advice, with a judge finding the financial services firm failed to ensure its advisers acted in the best interests of clients and did not give inappropriate advice.

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Uber faces test case in Federal Court over drivers’ employment status
Employment 2021-08-02 10:10 am By Christine Caulfield

A group of Uber drivers have brought legal action in the Federal Court to challenge the rideshare giant’s claim that they are independent contractors.

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‘He just hasn’t tried very hard’: Westpac slams Forum founder Bill Papas’ evidence of assets
Financial Services 2021-07-30 4:49 pm By Miklos Bolza

Westpac has told the Federal Court it has “grave concerns” about Forum Group founder Bill Papas’ evidence of his assets, contained in affidavits lodged on Thursday after weeks of non-compliance with a judge’s orders.

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Squire Patton Boggs breached agreement, but not ‘grossly negligent’, court finds
Appeals 2021-07-30 4:39 pm By Miklos Bolza

An appeals court has found law firm Squire Patton Boggs breached its contractual obligations but was not grossly negligent after it was dragged into a financial dispute over the $12.5 million refurbishment of a Western Australian gold processing plant.

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‘Why cannot our own creations also create?’: AI can be inventor on patent, court finds
Intellectual Property 2021-07-30 12:39 pm By Cat Fredenburgh

A judge has found artificial intelligence can be named as the inventor on a patent application, setting aside an IP Australia finding that allowing a machine to be considered an inventor would render the Patents Act incapable of “sensible operation”.

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Qantas loses TWU’s challenge to ground staff outsourcing move
Employment 2021-07-30 12:04 pm By Cindy Cameronne

Qantas has lost a case brought by the Transport Workers Union that challenged the airlineā€™s decision to axe 2,000 staff and replace them with ā€œinsecureā€ labour hire workers, with a judge finding Qantas boss Andrew David outsourced ground operations partly to prevent employees engaging in industrial action.

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