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ANZ cops $15M penalty in ASIC case over cash advance fees
Financial Services 2023-09-26 10:27 am By Cindy Cameronne

A judge has ordered ANZ to pay a $15 million agreed penalty in a case over more than $10 million in cash advance fees charged to the credit card accounts of hundreds of thousands of customers.

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Grocon can’t shield legal advice over Barangaroo sight lines
Construction 2023-09-25 2:21 pm By Sam Matthews

Grocon has taken a hit in its $270 million lawsuit against Infrastructure NSW over a stalled $2 billion Central Barangaroo development project, with a judge finding the developer’s CEO waived privilege over legal advice it received on the sight line rights of Lendlease and Crown.

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ABC can’t duck entrepreneur’s defamation case
Defamation 2023-09-25 4:13 pm By Cindy Cameronne

A judge has expressed his preliminary view that cases brought in Queensland cannot be thrown out where the costs of the claims are disproportionate to their importance, allowing a defamation case by entrepreneur Robert McVicker against the ABC to proceed. 

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Findex wins appeal in ‘tortured’ dispute with financial advisor
Financial Services 2023-10-03 3:10 pm By Cindy Cameronne

Wealth management firm Findex can add new claims for damages in its long-running dispute with a former financial advisor who allegedly sent disparaging emails to clients and investors and brought his own claim in trespass after the company seized documents from his residence. 

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NAB ordered to pay ‘woefully insufficient’ penalty in ASIC fee case
Financial Services 2023-09-22 10:02 am By Cindy Cameronne

A judge has ordered National Australia Bank to pay just one-fifth the $10 million penalty proposed by ASIC for overcharging customer fees, taking aim at the regulator’s concise pleading and saying the maximum penalty he could order was “woefully inadequate”.

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Judge approves $6.88M CFO in $25M Fonterra class action settlement
Class Actions 2023-09-21 11:56 pm By Cat Fredenburgh

A judge has approved a common fund order awarding $6.88 million to the funder behind a class action against Fonterra that settled for $25 million, opting not to wait for a much-anticipated appeals court ruling on the power to make CFOs at settlement.

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In loss for Clayton Utz, court finds no power to undertake assessment of $1.5M bill
Business of Law 2023-09-19 3:47 pm By Cindy Cameronne

Clayton Utz has lost its appeal of a costs assessment in a contractual dispute for which it billed $1.46 million in legal fees, allegedly five times more than the other parties’ legal bill.

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Serious harm question won’t be heard first in defamation case over ‘cyberslaves’ doco
Defamation 2023-09-19 2:40 pm By Sam Matthews

The publishers of The Australian and Al Jazeera have failed to persuade a judge to hold a preliminary hearing on the question of whether the nephew of the former prime minister of Cambodia suffered serious harm as a result of publications he says painted him as a criminal.

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Compensation for Privacy Act breaches requires class members to prove loss: judge
Privacy & Cybersecurity 2023-09-18 4:35 pm By Sam Matthews

Victims of privacy breaches must demonstrate actual loss and damage to be eligible for compensation, according to a judge who has given asylum seekers who secured a ruling from the Privacy Commissioner a second chance at proving loss from the public disclosure of their personal information.

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Winner of J&J class action settlement gig beats back challenger
Class Actions 2023-09-15 11:22 pm By Cindy Cameronne

The runner-up in a contest to administer Johnson & Johnson’s $300 million settlement of two pelvic mesh class actions has lost a challenge to a decision awarding the prize to the team of Slater & Gordon, BDO and the firm of former Shine Lawyers solicitor Jan Saddler.

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