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ASIC loses appeal in CBA conflicted remuneration case
Financial Services 2023-08-17 10:32 am By Cindy Cameronne

ASIC has lost its challenge to findings that a revenue sharing arrangement between the Commonwealth Bank of Australia and former subsidiary Colonial First State Investments did not breach conflicted remuneration provisions of the Corporations Act.

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Norovirus class action defeats Carnival’s latest strike-out bid
Class Actions 2023-08-16 11:49 pm By Cindy Cameronne

A class action against Carnival over norovirus outbreaks on its Sun Princess cruise ship has defeated the cruise operator’s second strike out bid, with a judge saying the failure to identify what exactly went wrong “may not be fatal” to the case.

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Dell cops $10M penalty for misleading customers about discounts
Competition & Consumer Protection 2023-08-14 1:10 pm By Christine Caulfield

Dell Australia has been ordered to pay a $10 million penalty for making false and misleading representations about the discount prices of add-on computer monitors.

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Public rebuke of departing judge from the bench was below the belt, expert says
Analysis 2023-07-25 10:15 pm By Christine Caulfield

A judge’s public criticism of a colleague for resigning her post before delivering a judgment reserved for three years was harsh, not fair. But the evident frustration that led to the rebuke reinforces the need for a judicial commission as an appropriate avenue to give vent to complaints, experts say.

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Saddled with resigning judge’s unfinished case, colleague spares no feelings
Courts 2023-07-21 11:28 pm By Christine Caulfield

A judge has resigned before delivering judgment in litigation that went to trial in 2020, and the colleague assigned the unenviable task of issuing a ruling has taken a swipe at his departing peer, noting the absence of medical or other evidence to explain her “unwillingness” to see the case through.

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Class action slams Carnival’s ‘bizarre’ bid for law firm’s strategy docs
Class Actions 2023-06-29 11:00 pm By Gareth Baker

A Shine Lawyers class action over norovirus outbreaks on Carnival’s Sun Princess cruise ship has called an attempt to see documents outlining its strategy for the case “abusive” and “bizarre”, as the cruise operator continues its fight to have the suit struck out. 

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Nine can rely on reputation evidence in Euro Pacific CEO’s case
Defamation 2023-06-27 4:35 pm By Cindy Cameronne

Nine has partially won its bid to include evidence about the reputation of Euro Pacific CEO Peter Schiff in an attempt to minimise the damages it will owe after abandoning its substantive defences in defamation proceedings by the bank boss.

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7 years in and counting, Worley class action ‘needs finality’: judge
Class Actions 2023-06-20 2:47 pm By Cindy Cameronne

A judge has declined to hear an interlocutory stoush about the scope of a shareholder class action against engineering company Worley before an upcoming trial, saying the case, which has been on foot since 2015 and was appealed to the High Court, needed “some finality”. 

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Nine seeks to rely on evidence of Euro Pacific Bank chief’s reputation to reduce defamation damages
Defamation 2023-06-19 10:29 pm By Sam Matthews

Nine is battling to adduce evidence concerning the reputation of Euro Pacific CEO Peter Schiff, as it scrambles to minimise the damages it will owe after abandoning its substantive defences in defamation proceedings by the bank boss.

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White Island volcano victims win court OK to pause Aussie suits
Carroll & O'Dea 2023-06-19 11:58 pm By Gareth Baker

A judge has granted victims of the New Zealand White Island volcano eruption the right to freeze their Australian claims so they can sue cruise operator Royal Carribean in the US state of Florida. 

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