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CBA class action judge used ‘far too onerous’ test, appeals court told
Class Actions 2024-11-18 11:38 pm By Cindy Cameronne

Two failed class actions against CBA claim a judge used a “far too onerous test” for materiality in deciding whether the bank should have told the market about deficiencies in its anti-money laundering systems. 

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Full Court cites ‘wider relevance’ of copy and paste judgment
Business of Law 2024-11-15 11:57 pm By Cat Fredenburgh

The Full Court has granted a bid for a costs certificate by a former Atanaskovic Hartnell general manager whose win in an employment suit was overturned due to a judge’s “uncritical copying and pasting” of submissions.

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Judge balks at idea government could represent Robodebt class action members
Class Actions 2024-11-14 11:09 pm By Cindy Cameronne

A judge has balked at a suggestion by group members appealing a $112 million Robodebt class action settlement that the Commonwealth could represent the interests of people content with the deal.

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ASIC slams ‘false’ premise of payday lender BSF’s appeal
Financial Services 2024-11-14 11:08 pm By Cindy Cameronne

ASIC has attacked an appeal argument by payday lenders BSF Solutions and Cigno that athough they offered short-term loans, the fees they charged had no link to the credit services.

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Noumi privilege ruling could undermine ASIC investigations, Full Court told
Appeals 2024-11-12 11:15 pm By Sam Matthews

ASIC wants the Full Court to overturn a finding that Noumi waived privilege over a PwC report produced under a voluntary disclosure regime, arguing the regime benefits the public in making investigations more efficient.

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Judge’s copy and paste decision a ‘canary in a coal mine’, experts say
Analysis 2024-11-11 11:36 pm By Cindy Cameronne

A time-strapped judge’s decision that was set aside for “uncritical copying and pasting” exposes deeper issues about stressed judges at under-resourced courts with “extraordinary workloads”, experts say.

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Rio Tinto defeats appeal by Russian aluminium producer over war sanctions
Energy & Natural Resources 2024-11-11 11:40 pm By Andy Sidler

An appeals court has backed a decision by six Rio Tinto units to refuse delivery of alumina to Russia’s largest aluminium producer because it would run afoul of sanctions imposed after Russia invaded Ukraine.

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ATO, PepsiCo fight over royalty withholding tax goes to High Court
Tax 2024-11-08 11:06 pm By Cat Fredenburgh

The ATO has won the nod from the High Court to appeal a finding that a royalty withholding tax did not apply to payments from Schweppes to PepsiCo under agreements to sell brands like Pepsi and Gatorade in Australia.

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BHP says shareholders can’t expand class action because of ‘drafting error’
Class Actions 2024-11-08 11:12 pm By Cindy Cameronne

BHP has told an appeals court a shareholder class action should not be allowed to expand the group definition to correct an alleged drafting error.

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Class actions against Ford, Toyota score major win in High Court
Class Actions 2024-11-06 3:06 pm By Cindy Cameronne

The High Court has upheld appeals in class actions against Ford and Toyota over the calculation of damages for reduction in value of defective vehicles.

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