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Phoenix hit with record $438M penalty for unconscionable enrollment practices
Competition & Consumer Protection 2023-07-28 10:13 pm By Cat Fredenburgh

Collapsed vocational education provider Phoenix Institute and its marketing arm have been hit with a record $438 million penalty after a judge found they acted unconscionably and with “callous indifference” by enticing vulnerable consumers to enrol in unsuitable courses with promises of free laptops.

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Arrium class action’s potential loss of contingency fee irrelevant to transfer fight, KPMG says
Class Actions 2023-07-27 5:06 pm By Christine Caulfield

The possibility that a NSW judge will revoke a contingency fee order made in a class action over Arrium’s collapse is irrelevant to whether the proceedings should be transferred from Victoria to the appropriate forum, Arrium’s auditor KPMG has told a court.

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Viterra goes to High Court in epic fight with Cargill over Joe White sale
High Court 2023-07-27 11:27 pm By Christine Caulfield

Glencore-owned Viterra has taken its 10-year fight with Cargill to the High Court after an appeals court upheld a judgment putting it on the hook for almost $300 million in damages for misleading representations in the sale of malt producer Joe White in 2013.

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Select AFSL exec appeals ruling he ‘turned a blind eye’ to unconscionable sales tactics
Appeals 2023-07-27 11:58 pm By Cat Fredenburgh

The former director of Select AFSL has appealed a judge’s decision to slap him with a $100,000 penalty and a disqualification order after finding he “turned a blind eye” to the life insurer’s unconscionable phone sales tactics.

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Facebook owner Meta fined $20M for misleading data privacy app
Competition & Consumer Protection 2023-07-26 9:48 am By Cindy Cameronne

A judge has ordered Meta to pay a $20 million penalty for misleading consumers by representing that its discontinued Onavo Protect mobile app would keep users’ personal activity data private, when in fact it was being collected for commercial use.

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Solicitor who was unaware of Harman obligation hit with fine
Legal Ethics 2023-07-26 10:04 pm By Gareth Baker

A lawyer accused of wrongfully using information obtained via subpoena in a family law case has been hit with a $2,000 fine by the NSW Civil and Administrative Tribunal, after he chose to appeal a reprimand from the NSW Law Society.

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Judge blasts Pitcher Partners’ ‘terrible’ argument in $127M appeal against Twigg family
Appeals 2023-07-25 11:26 pm By Cindy Cameronne

An appeals court has taken Pitcher Partners to task in its appeal seeking to throw out a lawsuit over the accounting firm’s alleged involvement in race car driver Max Twigg’s misappropriation of $127 million from his family. 

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Arrium lenders file High Court challenge over directors’ loan drawdowns
Restructuring & Insolvency 2023-07-25 3:58 pm By Cindy Cameronne

Commonwealth Bank and other lenders of Arrium have filed for special leave to appeal to the High Court after losing their latest bid to make two directors liable for allegedly misleading them about loan drawdown notices ahead of the steel company’s $2.8 billion collapse. 

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In a first, Lactalis hit with $950,000 penalty for Dairy Code breaches
Competition & Consumer Protection 2023-07-25 11:11 pm By Cat Fredenburgh

Dairy processor Lactalis Australia has been hit with a $950,000 penalty in the first proceedings against a company for breaches of the Dairy Code.

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Daily Telegraph defeats defamation appeal of John Ibrahim’s son
Defamation 2023-07-25 11:01 pm By Gareth Baker

An appeals court has dismissed the appeal of Daniel Taylor, son of notorious former Kings Cross nightclub owner John Ibrahim, seeking to revive defamation claims over a 2019 article in The Sunday Telegraph which he claimed suggested he was a mobster. 

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