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Deloitte’s $2.5M bill in CBA class action holds up settlement approval
Financial Services 2023-08-04 2:08 pm By Sam Matthews

A judge asked to approve a $50 million settlement in a consumer credit insurance class action against the Commonwealth Bank has questioned a $2.5 million deduction for professional services firm Deloitte.

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ASIC takes Dixon Advisory director to court over $19M debt
Financial Services 2023-08-04 12:15 pm By Cindy Cameronne

ASIC is seeking penalties against Dixon Advisory & Superannuation Services director Paul Ryan for allegedly failing to consider clients when executing a deed that affected the financial advice firm’s ability to recoup a $19 million debt from its holding company. 

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Pelvic mesh law firm can’t recover $32M in interest on loan to fund class action
Class Actions 2023-08-03 11:22 am By Cindy Cameronne

Shine Lawyers has lost its bid to recover $32 million in interest on a loan it took out to run two pelvic mesh class actions against Johnson & Johnson, with a judge finding it would make a “marginal settlement less than reasonable”.

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ASIC hits eToro with first-ever design and distribution action over CFDs
Securities 2023-08-03 11:35 am By Cindy Cameronne

The Australian Securities and Investments Commission has filed its first action alleging breach of obligations in designing and selling financial products, accusing online investment platform eToro of inappropriately exposing clients to high risk CFDs.

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Crumbs! Kraft loses opposition to Mars patent for chocolate flavour
Intellectual Property 2023-08-03 11:13 pm By Cat Fredenburgh

An IP Australia delegate has shot down Kraft’s opposition to a Mars patent for a less costly method for producing the distinct creaminess and flavour of crumb chocolate.

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Lawyer’s notes of meeting with expert ordinarily privileged, appeals court finds
Appeals 2023-08-03 10:49 pm By Sam Matthews

A solicitor’s notes of a meeting with an expert do not fall under an exception to legal professional privilege, an appeals court has found.

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White collar penalties set to jump after High Court’s foreign bribery ruling
White Collar 2023-08-02 1:24 pm By Christine Caulfield

Companies could be on the hook for higher penalties for foreign bribery and other white collar offences after a High Court majority on Wednesday found a $1.35 million bribery penalty imposed on engineering firm Jacobs Group was inadequate.

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Resort not vicariously liable for actions of urinating employee, High Court says
High Court 2023-08-02 10:14 pm By Cat Fredenburgh

The High Court has found a Whitsundays resort is not vicariously liable for the actions of an employee who urinated on his roommate in staff accommodation after a night of drinking, finding the act had “no real connection” to his employment.

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ABC journalist named in Heston Russell defamation case questioned on credibility of key source
Defamation 2023-08-01 10:28 pm By Cindy Cameronne

A judge has questioned an ABC journalist who is the target of a defamation case by ex-commando Heston Russell if he should have treated a key source who another source called a “showpony” more cautiously while reporting on alleged war crimes in Afghanistan. 

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Seven, Kerry Stokes must hand over emails exchanged with Ben Roberts-Smith’s lawyers
Defamation 2023-07-31 11:39 pm By Cindy Cameronne

Fairfax can see 8,600 emails that passed between Seven’s commercial director and Ben Roberts-Smith’s legal team as it seeks significant defence costs in the accused war criminal’s unsuccessful defamation case, a judge has ruled. 

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