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Westpac cops $10M fine in personal advice case, but doesn’t say sorry
Financial Services 2021-08-23 4:16 pm By Cindy Cameronne

Two Westpac units have been hit with $10.5 million in fines for providing personal financial advice during a superannuation rollover campaign, with a barrister for ASIC noting the bank had not apologised or expressed regret for the conduct.

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NAB super class action must cover bases with group members after landmark ruling
Class Actions 2021-08-23 2:57 pm By Miklos Bolza

The applicant in a Federal Court class action against NAB superannuation trustee NULIS has been ordered to find a sample group member in light of a landmark Victoria Supreme Court ruling that found the plaintiff in a similar class action could not establish any loss.

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‘Completely off the track’: Judge got it wrong in deep sleep therapy case, Full Court told
Appeals 2021-08-23 9:17 pm By Christine Caulfield

A judge who dismissed a defamation case against HarperCollins by two psychiatrists who administered the controversial deep sleep therapy at Chelmsford Private Hospital in the 1970s was criticised Monday for her ‘presumptuous cynicism’.

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‘Very sad’: Cost of barristers’ fees for three days could have been avoided, FWC says
Employment 2021-08-23 8:41 pm By Cindy Cameronne

Barristers’ costs for a three-day hearing over alleged unfair dismissals of two childcare workers, which exceeded the $60,000 the workers were awarded, could have been avoided with a more “realistic” approach to negotiation, the Fair Work Commission has said.

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‘Dysfunctional work relationship’ with Pendal boss no cause for intervention, FWC says
Employment 2021-08-23 4:50 pm By Cindy Cameronne

A Pendal fund manager who accused his boss of constant insults and belittling has lost his application for an order to stop bullying, with the Fair Work Commission finding it was not within its jurisdiction to remedy a “dysfunctional work relationship”.

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Telegraph says art dealer’s ‘misrepresentation’ invalidates $50K settlement deal in defamation case
Defamation 2021-08-23 2:35 pm By Christine Caulfield

A $50,000 settlement agreement between Nationwide News and an art collector who alleged he was defamed by a Sunday Telegraph article was invalid because the dealer lied to the publisher, a court has been told.

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7-Eleven to pay $98M to settle franchisee class action
Class Actions 2021-08-20 1:48 pm By Cat Fredenburgh

Convenience store giant 7-Eleven has agreed to pay $98 million to settle two class actions accusing it of misleading franchisees, the largest class action settlement reached so far this year.

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Judge scolds Linchpin liquidators for ‘unsatisfactory’ conduct in class action
Class Actions 2021-08-20 4:31 pm By Miklos Bolza

A judge has criticised the liquidators of collapsed financial group Linchpin Capital after they failed to inform the court whether they intend to defend class action proceedings or if default judgment should be made against the company.

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Judge sets course to avoid ‘Brobdingnagian’ trial in PFAS class actions
Class Actions 2021-08-20 5:31 pm By Miklos Bolza

With mediation failing to resolve an expansive class action against the federal government over its use of allegedly toxic firefighting foam, a judge has charted a plan to avoid a “Brobdingnagian” trial and efficiently determine the claims of group members around eight military bases across Australia.

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‘Just a hope and a dream’: Judge threatens to toss ex-Linchpin director’s appeal of ASIC ban
Financial Services 2021-08-20 4:51 pm By Cindy Cameronne

A judge has blasted an ex-Linchpin director’s delay in appealing a five-year disqualification ordered by ASIC and threatened to dismiss the appeal after he failed to comply with court orders.

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