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Judge criticises ‘unhelpful’ Robodebt class action applicants as discovery narrows
Class Actions 2020-07-30 3:17 pm By Miklos Bolza

A judge has narrowed discovery in a class action against the Commonwealth of Australia over allegedly unlawful Robodebt payments, criticising the lead applicants for persisting with an approach to discovery that “was not a particularly helpful one”.

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ACCC loses appeal in TPG ‘prepayment’ case
Competition & Consumer Protection 2020-07-30 3:13 pm By Cat Fredenburgh

The Australian Competition and Consumer Commission has come up short in its challenge to a ruling that dismissed its case against TPG over contract terms that allowed the internet provider to keep customers’ unused prepaid funds on phone or internet plans.

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Tile maker Ceramiche wins trade mark fight with Caesarstone after ‘honest use’ ruling
Intellectual Property 2020-07-29 3:28 pm By Christine Caulfield

Tile maker Ceramiche Caesar has prevailed in its challenge to a judge’s ruling allowing building products manufacturer Caesarstone to register two trade marks despite a finding that they were deceptively similar to one of its marks.

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Banksia class action was ‘party like no other’ for Mark Elliott and barristers, court told
Class Actions 2020-07-28 11:00 pm By Alison Eveleigh

The funder and legal team behind a class action over the collapse of Banksia Securities billed for phantom costs in a ā€œfraudulent schemeā€ to secure almost $20 million from the case, the contradictor investigating the purported misconduct has told a court.

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Investment scheme wound up after ‘systematic misappropriation’ of $7M in funds
Restructuring & Insolvency 2020-07-28 9:49 pm By Miklos Bolza

A court has granted ASIC’s bid to wind up an illegal managed investment scheme whose operators fled to India following the “systematic misappropriation” of almost $7 million in investor funds.

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Telstra sues Optus over ‘more than ever before’ ad campaign
Competition & Consumer Protection 2020-07-28 5:08 pm By Miklos Bolza

Telstra has filed a lawsuit accusing Singtel Optus of breaching the Australia Consumer Law through ads that claim it is “covering more of Australia than ever before”.

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iSignthis lawsuit fails to plead how ASX caused $27M in losses, court finds
Financial Services 2020-07-28 3:17 pm By Miklos Bolza

A lawsuit by iSignthis seeking over $27 million in damages from the ASX has been sent back for revision, after a judge found the fintech had failed to causally link how a report by the exchange led to lost contracts with five clients.

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Westpac’s anti-money laundering woes worsen
Financial Services 2020-07-28 1:37 pm By Cat Fredenburgh

Westpac anti-money laundering compliance troubles continue to worsen, with the bank reporting an additional 365,000 incomplete or inaccurate threshold transaction reports to AUSTRAC.

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Lawyer loses sexual harassment appeal after urging court to just think of him as ‘Mr Darcy’
Employment 2020-07-27 11:07 pm By Christine Caulfield

A lawyer who argued his conduct towards a paralegal was not sexual harassment but a display of ardent affection akin to ‘Mr Darcy’ in ‘Pride and Prejudice’ has lost his appeal of a $170,000 judgment against him, with the Full Federal Court saying the case was “as far from a Jane Austen novel as it is possible to be”.

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Funder behind Fair Work class actions a ‘litigation bounty hunter’, Full Court hears
Employment 2020-07-27 9:13 pm By Miklos Bolza

Facing accusations of being a “litigation bounty hunter”, litigation funder Augusta Ventures has made its bid before the Full Federal Court to overturn a landmark ruling which put it on the hook for $3.1 million in security in two Fair Work class actions.

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