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Mercer Financial hit with $12M penalty for fees-for-no-service conduct
Financial Services 2023-11-23 3:13 pm By Sam Matthews

A judge has ordered wealth manager Mercer Financial Advice to pay a $12 million penalty for “extremely serious” fees-for-no-service conduct and breaches of its fee disclosure obligations, in a case brought by the Australian Securities and Investments Commission. In the case, filed in June last year,  ASIC alleged that Mercer charged 761 customers a total…

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United class action wants to add commission agents, join parent company
Class Actions 2023-11-23 11:35 am By Christine Caulfield

A franchise class action against United Petroleum has asked a court for leave to expand the class action to include a group of commission agents and to add the oil company’s parent as a third defendant.

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ASIC dodges indemnity costs for ‘unreasonable’ rejection of settlement in case against liquidator
Restructuring & Insolvency 2023-11-23 9:21 pm By Cat Fredenburgh

ASIC has escaped an individual insolvency practitioner’s bid for indemnity costs in its failed case alleging illegal phoenix activity, with a judge finding the regulator did not unreasonably reject a settlement offer that would have netted it “a considerably better result” than it won at trial.

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Sandoz tries again to invalidate Xarelto patents
Intellectual Property 2023-11-23 11:31 am By Cat Fredenburgh

Novartis unit Sandoz AG has filed an appeal after it was was barred from selling a generic version of top-selling blood clot drug Xarelto and failed to revoke two Bayer patents for the drug.

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KPMG asks High Court again to hear class action transfer fight
Class Actions 2023-11-22 11:25 pm By Christine Caulfield

Accounting firm KPMG has asked the High Court for a second time to weigh in on the relevance of a contingency fee order made in a Victoria Supreme Court class action to its bid to transfer the case to NSW.

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US firm beats Maurice Blackburn ‘on every conceivable dimension’, Hino class action judge told
Class Actions 2023-11-21 7:58 pm By Sam Matthews

Personal injury law firm Gerard Malouf & Partners has hit back at Maurice Blackburn’s challenge to its class action experience in a fight for carriage of a class action against a Toyota unit, saying the top US firm it has partnered with to run the case trumped the major Australian plaintiff firm “on every conceivable dimension”.

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Nine to pay Euro Pacific Bank chief $550,000 in defamation settlement
Defamation 2023-11-21 3:13 pm By Sam Matthews

Nine has agreed to pay Euro Pacific CEO Peter Schiff $550,000 to settle a defamation suit brought over a 60 Minutes report on an international tax evasion investigation, avoiding a contested hearing on the damages bill in the case.

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‘Very disappointing’: Judge bemoans delays in QSuper class action
Class Actions 2023-11-21 1:50 pm By Cindy Cameronne

A judge has reluctantly granted extensions in a class action over QSuper’s alleged failure to notify members of changes to its premiums, saying the delay in the two-year old case was “very disappointing”.

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BHP loses plea to High Court in case over Christmas Day work mandate
Employment 2023-11-21 11:42 pm By Christine Caulfield

The High Court has dashed a BHP unit’s bid to appeal a win for the CFMMEU in a case on behalf of coal miners rostered for shifts on Christmas Day and Boxing Day in central Queensland’s Daunia Mine in 2019.

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High Court steers clear of Spitfire creditors’ fight over R&D tax refunds
Restructuring & Insolvency 2023-11-21 11:01 pm By Christine Caulfield

The High Court has denied special leave to the Commonwealth on behalf of employees of collapsed fintech Spitfire in a battle over $2 million in research and development tax refunds.

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