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Developers added to Apple, Google class actions despite conflict concerns
Class Actions 2023-03-23 4:38 pm By Cindy Cameronne

App developers can be added as group members in class actions against Apple and Google alleging they engaged in anti-competitive conduct in operating their app stores, despite Apple’s concerns that the law firm running the case will owe conflicting duties. 

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7-Eleven loses appeal of $595,000 judgment for misleading franchisee
Franchises 2023-03-10 2:48 pm By Cindy Cameronne

Convenience store giant 7-Eleven has lost its appeal of a $595,000 judgment handed down after a court found a franchisee signed a franchise agreement and invested almost $796,000 into a Melbourne store under false pretences.

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The top litigation law firms of 2022
Litigation Law Firms of the Year 2023-03-03 6:35 am By Cat Fredenburgh

Lawyerly’s Litigation Law Firms of 2022 racked up precedent-setting victories in a year that continued to see major developments in class action law.

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Full Court urged to toss ASIC’s ‘fatal’ appeal in CBA conflicted remuneration case
Financial Services 2023-02-22 5:46 pm By Cindy Cameronne

The Commonwealth Bank of Australia has urged the Full Court to toss ASIC’s challenge to a decision dismissing its conflicted remuneration case over the bank’s sale of its Essential Super product, saying the appeal suffered from “fatal” flaws.

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GetSwift hit with $15M penalty in ASIC action over misleading announcements
Securities 2023-02-16 3:39 pm By Sam Matthews

GetSwift has been hit with a $15M penalty and several of its directors have been slapped with substantial penalties after the company was found to have misled shareholders in breach of the Corporations Act.

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Judge asks GetSwift GC why he didn’t call out directors for being ‘bullies’
Securities 2023-01-31 8:05 pm By Cindy Cameronne

A judge has grilled the former general counsel of defunct logistics company GetSwift about why he did not confront the company’s directors for “bullying” other executives when they raised concerns about alleged continuous disclosure breaches.

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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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CBA defeats ‘misconceived’ ASIC conflicted remuneration case
Financial Services 2022-09-29 11:11 am By Sam Matthews

The Australian Securities and Investments Commission has suffered a defeat in proceedings alleging the Commonwealth Bank of Australia accepted conflicted remuneration through the sale of its Essential Super product, with a judge finding the regulator “ignored the circumstances” in which the product was distributed.

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Oil company ‘holding a gun to court’s head’ to delay $328M East Timor dispute, judge says
Energy & Natural Resources 2022-09-15 2:53 pm By Cindy Cameronne

Lighthouse Corporation was holding “a gun to the head” of the court in seeking to adjourn a $480,000 bid for security in a dispute with East Timor over $328 million in alleged losses from a failed fuel supply agreement, a judge has said.

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Judge signs off on $32M in penalties against Westpac
Financial Services 2022-04-21 3:47 pm By Cindy Cameronne

A judge has approved $32 million in penalties against Westpac in two cases brought by the corporate regulator accusing the bank of misleading thousands of “vulnerable” customers about their debts and failing to manage the accounts of deregistered companies.

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