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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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Clive Palmer defeats $100M in claims by Queensland Nickel liquidator
Restructuring & Insolvency 2020-06-03 11:21 pm By Cat Fredenburgh

Clive Palmer has defeated over $100 million in claims brought by the liquidator of Queensland Nickel over the $200 million collapse of the the mining company in 2016, with the Queensland politician threatening a possible lawsuit against the liquidator and the funder that backed the claims, Vannin Capital.

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Banksia class action funder can’t keep details of misconduct claims under wraps
Class Actions 2020-06-03 10:50 pm By Christine Caulfield

A judge has rejected calls to keep confidential the details of professional misconduct claims against the funder and lawyers behind the Banksia Securities class action, in a ruling that revealed that investors of the collapsed lender could recover $30 million more if allegations against the legal team are established at trial.

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Bupa drops lawsuit against aged care regulator on the heels of $6M penalty
Competition & Consumer Protection 2020-06-03 5:38 pm By Cat Fredenburgh

Bupa Aged Care has dropped a lawsuit challenging a directive by the Aged Care Quality and Safety Commission that it claimed overlapped with proceedings brought by the ACCC in which it was recently ordered to pay a $6 million penalty.

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Lawyer wins $84,000 in defamation case over Google, Yelp reviews
Defamation 2020-06-03 5:25 pm By Miklos Bolza

A Sydney solicitor has won an $84,000 defamation judgment over two “indefensible” online reviews written by a building inspector who threatened to defame the lawyer “again and again”.

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‘More extraordinary by the moment’: Reckitt slams AFT bid to reopen Maxigesic case
Competition & Consumer Protection 2020-06-03 3:46 pm By Miklos Bolza

AFT Pharmaceuticals is seeking to reopen a lawsuit against Reckitt Benckiser over ads for its painkiller Maxigesic after judgment was delivered in the matter, claiming the judge’s declarations contained an error, an argument slammed by Reckitt as “extraordinary”.

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Australian Bar Association’s trade mark lawsuit is not a class action, judge says
Intellectual Property 2020-06-03 3:40 pm By Miklos Bolza

A trade mark infringement lawsuit filed by the former CEO of the Australian Bar Association was not properly brought as a class action on behalf of member barristers, a judge has found.

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Government faces hefty bill after loss in landmark live export class action
Class Actions 2020-06-02 9:35 pm By Cat Fredenburgh

A judge has ruled in favour of live exporters in a class action against the Federal Government, finding a total ban on live cattle exports to Indonesia in 2011 was “capricious and unreasonable”.

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Ben Roberts-Smith involved in two more killings of Afghan detainees, court hears
Defamation 2020-06-02 7:59 pm By Alison Eveleigh

The media companies fighting a defamation lawsuit brought by decorated war veteran Ben Roberts-Smith has accused the former soldier of involvement in two more alleged murders while on duty in Afghanistan, taking the total to seven alleged killings in which he is said to be involved.

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Treasury Wine calls for stay of class action, accuses Maurice Blackburn of misusing docs
Class Actions 2020-06-02 2:18 pm By Miklos Bolza

Treasury Wine Estates will seek to shut down a shareholder class action brought by Maurice Blackburn after accusing the law firm of breaching its obligations and using documents from a prior lawsuit against the global wine distributor in the current proceedings.

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