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CBA cops to misleading customers on more than 12,000 occasions
Financial Services 2021-02-16 6:05 pm By Spencer Fowler Steen

Commonwealth Bank of Australia could be on the hook for a large penalty after the court found the bank engaged in misleading and deceptive conduct and violated its financial services obligations on more than 12,000 occasions by overcharging customers more than $2.2 million in interest.

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Tax adviser hit with record $22.7M fine over R&D tax scheme
Tax 2021-02-16 5:35 pm By Miklos Bolza

A tax agent and accountant who conducted multiple tax exploitation schemes between 2011 and 2015 has been hit with a $22.7 million penalty, the largest ever against a tax promotor.

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Full Court hears government’s $325M fight with Sanofi over ban on Plavix generic
Intellectual Property 2021-02-16 4:13 pm By Miklos Bolza

Pharmaceutical companies Sanofi and Bristol-Myers Squibb are liable for losses to the federal government for excess subsidies it allegedly paid for the blood-thinner Plavix after an unjustified court injunction prevented the release of a generic version of the top-selling drug, an appeals court has heard.

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$37.75M settlement reached in Estia Health class action
Class Actions 2021-02-16 12:48 pm By Cat Fredenburgh

A $37.75 million settlement has been reached in a shareholder class action against Estia Health that accused the aged care provider of failing to disclose difficulties in its 2015 and 2016 acquisition strategy.

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GetSwift slammed for ‘unfair attack’ on judge hearing class action, ASIC case
Class Actions 2021-02-15 7:18 pm By Miklos Bolza

GetSwift has been criticised for its “quite unfair attack” on a Federal Court judge who refused to disqualify himself from hearing a shareholder class action against the logistics software company after presiding over ASIC’s civil penalty proceeding against the company.

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Law firm ordered to cease acting in $51M property spat with ex-client
Legal Ethics 2021-02-15 3:59 pm By Spencer Fowler Steen

A judge has ordered a Melbourne-based law firm to stop acting for property company Xriso in a case against a former client over the terms of a deposit for a $51 million Werribee development in which the firm’s managing partner is likely to be a key witness.

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Trial against Mayfair goes ahead undefended, as a muted Mawhinney listens in
Financial Services 2021-02-15 3:57 pm By Christine Caulfield

The Australian Securities and Investments Commission presented its misleading and deceptive conduct case against companies in the Mayfair Group in an undefended trial on Monday, while the beleaguered investment group’s director watched the online proceedings as a muted observer.

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Liquidators say Arrium directors should have known about ‘liquidity crisis’ sooner
Restructuring & Insolvency 2021-02-15 3:41 pm By Miklos Bolza

The directors of steel giant Arrium, which collapsed owing $4 billion in debts, should have known earlier that the company was in a “liquidity crisis” and was trading while insolvent, liquidators for the company allege.

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ACCC’s conduct in cartel case ‘troubling’, says lawyer for NQCranes
Competition & Consumer Protection 2021-02-15 2:31 pm By Christine Caulfield

Counsel for Queensland-based NQCranes has lashed out at the ACCC for seeking to amend its cartel action against the crane company, telling a court the regulator had been warned for months that the case was deficient.

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‘Blue veined or not’: Delegate says ‘Roquehort’ mark would mislead cheese buyers
Intellectual Property 2021-02-15 12:18 pm By Spencer Fowler Steen

A French geographical indication body has triumphed in its opposition to a bid to trade mark the name ‘Chateau Roquehort’ for dairy products, with a delegate finding that Australians would wrongly associate the name with blue cheeses from France.

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