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CBA hit with $5M penalty for overcharging customers
Financial Services 2020-06-05 4:05 pm By Cat Fredenburgh

A judge has approved a $5 million penalty against the Commonwealth Bank of Australia for overcharging customers $8 million in fees and interest on its agricultural products, despite previously expressing concerns that the penalty was “on the light side”.

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ASIC’s proposed $5M penalty against CBA ‘on the light side’, judge says
Financial Services 2020-06-04 12:33 pm By Miklos Bolza

A judge has questioned ASIC’s proposed $5 million penalty against the Commonwealth Bank of Australia, saying it was “on the light side” for the bank’s conduct in overcharging $8 million in fees on its agricultural products.

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In a first, judge says High Court dealt CFOs a total knockout
Class Actions 2020-05-14 6:08 pm By Miklos Bolza

A judge has found that the High Court’s landmark ruling last year blocking common fund orders in the early stages of a class action also barred them from being made at the conclusion of a proceeding, departing from several recent rulings on common fund orders.

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7-Eleven class action trial delayed due to coronavirus
Class Actions 2020-05-08 6:06 pm By Miklos Bolza

The parties in two class actions against 7-Eleven brought on behalf of franchisees have agreed to delay an upcoming hearing by ten months, due to challenges with discovery, evidence and witness statements resulting from coronavirus-related restrictions.

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ACCC loses appeal over $205M Pacific National, Aurizon terminal deal
Competition & Consumer Protection 2020-05-06 5:41 pm By Miklos Bolza

The ACCC has come up short in its appeal of a ruling that dismissed its challenge to Pacific National $205 million acquisition of Aurizon’s Acacia Ridge Terminal in Queensland, with the Full Federal Court also releasing Pacific National from an undertaking given to the court.

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Ex-Directed Electronics manager dropped lawyers mid-trial in ‘tactical’ move, court hears
Intellectual Property 2020-05-04 1:00 pm By Miklos Bolza

Directed Electronics has slammed a decision by one of its former managers to switch lawyers in the middle of a trial over alleged corporate theft, saying the move had a “tactical flavour”.

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Legitimacy of barristers’ $2.65M Banksia class action bill in question, court told
Class Actions 2020-04-20 2:42 pm By Miklos Bolza

Two barristers facing professional misconduct allegations in relation to the Banksia securities class action submitted more than $2.65 million in legal bills without documentation more than five years after the class action was filed and may have done so at the behest of funder Mark Elliott, a court has heard.

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Cellos Software wins $42M from ex-boss who secretly sold shares
Securities 2020-04-17 11:08 pm By Christine Caulfield

Communications software company Cellos Software has been awarded $42 million in damages from its former CEO and director Jason Huber, who secretly bought and sold millions of company shares for personal profit.

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Facebook, Instagram to seek stay of competition case by Aussie social media startup
Competition & Consumer Protection 2020-04-15 4:26 pm By Miklos Bolza

Facebook and its subsidiary Instagram will call for a stay of a Federal Court competition lawsuit brought by an Australian social media startup as it seeks to arbitrate the matter under Californian law.

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Class can’t access insurance docs in action over ‘illusory’ car warranties
Class Actions 2020-04-14 5:23 pm By Miklos Bolza

The applicant in a $47.6 million class action against a unit of car leasing company McMillan Shakespeare has been denied access to insurance documents sought to determine the value of the case, with a judge saying access would “distort the playing field”.

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