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Australian Mines ex-director hit with $70,000 penalty for conference representations
Energy & Natural Resources 2023-05-12 11:57 pm By Cat Fredenburgh

A former director of Australian Mines has copped at $70,000 penalty in ASIC proceedings accusing him of making false and misleading representations at mining investment conferences in 2018.

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Insurance Australia agrees to $40M penalty in ‘very serious’ case over unpaid discounts
Insurance 2023-05-11 4:57 pm By Cindy Cameronne

Insurance Australia has agreed to pay a $40 million penalty in a case by the Australian Securities and Investments Commission alleging it short-changed NRMA customers a staggering $60 million in promised loyalty discounts. 

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High Court challenge could clarify scope of reliance damages
Contracts 2023-05-11 5:30 pm By Sam Matthews

A city council in the Hunter Valley region is set to appeal to the High Court a decision that found it was liable to pay a flight company over $3.6 million in damages for wasted expenditure after it repudiated a contract to lease land at the local airport.

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7-Eleven class action judge OKs $2.25M in costs of settlement approval argument
Class Actions 2023-05-11 3:04 pm By Cindy Cameronne

A judge overseeing two 7-Eleven class actions has signed off on $2.25 million in costs incurred by the funder and lawyers in their pitched battle to win approval for the terms of a $98 million settlement, which included deductions of more than $44 million to cover commission and fees.

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Veolia wins discovery for potential case against EnergyAustralia
Energy & Natural Resources 2023-05-11 11:05 pm By Christine Caulfield

Water services company Veolia Water Australia has won its bid for EnergyAustralia and two mining companies to hand over information about the quality of mine water they send for treatment, with a judge finding it could be “materially worse” than promised.  In a judgment handed down on Wednesday, Federal Court Justice Scott Goodman ordered EnergyAustralia…

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Lenders of collapsed Arrium lose appeal over directors’ loan drawdowns
Financial Services 2023-05-10 12:23 pm By Sam Matthews

Commonwealth Bank and other lenders of failed steel giant Arrium have lost a second attempt to put two of the company’s directors on the hook for alleged misleading representations on loan drawdown notices ahead of its $2.8 billion collapse.

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Judge says ‘serious harm’ test in defamation law could violate Judiciary Act
Defamation 2023-05-10 3:06 pm By Cindy Cameronne

A judge has questioned whether recent changes to defamation law requiring courts to determine if a publication has caused serious harm ahead of trial are invalid because of possible inconsistency with the Federal Court’s case management rules.

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Katy Perry shorts could ‘fall between the cracks’, designer tells court
Intellectual Property 2023-05-10 2:11 pm By Cindy Cameronne

US singer Katy Perry and an Australian fashion designer are at loggerheads over court orders to be made following a judge’s finding the pop star was liable for trade mark infringement, with concerns raised that Perry’s ‘Teenage Dream’ shorts could “fall between the cracks”. 

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State flags High Court appeal in hotel quarantine class action
Appeals 2023-05-09 11:10 pm By Sam Matthews

The state of Victoria has foreshadowed a High Court challenge in its fight to stay a class action over the 2020 hotel quarantine in light of criminal action, an appeal it said raised issues relating to the “increasing and regular prosecutions” of government and corporate entities over health and safety laws.

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Legal advice in spotlight as ASIC claims financial services firm diverted funds to limit penalty
Financial Services 2023-05-09 11:28 pm By Gareth Baker

A court has appointed a referee to examine whether a law firm’s communications with Golden Financial furthered a plan by the financial advisory firm to divert assets to minimise a penalty sought by the corporate regulator in the first case alleging a breach of the so-called best interest duty.

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