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NAB ordered to pay ‘woefully insufficient’ penalty in ASIC fee case
Financial Services 2023-09-22 10:02 am By Cindy Cameronne

A judge has ordered National Australia Bank to pay just one-fifth the $10 million penalty proposed by ASIC for overcharging customer fees, taking aim at the regulator’s concise pleading and saying the maximum penalty he could order was “woefully inadequate”.

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Pelican Point power station owner scores partial win in case over 2017 blackouts
Energy & Natural Resources 2023-09-20 11:17 pm By Cat Fredenburgh

A judge has rejected the energy regulator’s claims that the owner of the Pelican Point power station in Adelaide failed to disclose its complete generator capacity to the energy market operator for months, contributing to rolling blackouts during a 2017 heatwave.

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‘Irrational’ coal mine approval flies in the face of climate science, court told
Environment 2023-09-18 10:05 pm By Cindy Cameronne

Federal environment minister Tanya Plibersek’s decision to greenlight the expansion of two mega coal mines in NSW was contrary to findings by the “entire community of climate scientists around the globe”, a court has heard. 

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CBA deserves max penalty for $16.4M in underpayments, court told
Financial Services 2023-09-12 11:07 pm By Cindy Cameronne

CBA should pay a penalty of $12.8 million — close to the maximum penalty the court can impose on the bank — for underpaying its staff to the tune of $16.4 million, a judge has heard.

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Court awards $300,000 for wrongful imprisonment by family law judge
Legal Ethics 2023-08-30 12:34 pm By Sam Matthews

A Queensland man has prevailed in his case alleging Federal Circuit and Family Court Judge Salvatore Vasta unlawfully imprisoned him for contempt after he failed to comply with an order for particulars, winning over $300,000 in damages.

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Government to acknowledge climate change risk in class action settlement
Climate change 2023-08-30 10:34 pm By Cat Fredenburgh

The government has agreed to acknowledge that climate change is a systemic risk that could affect the value of its bonds in order to resolve a class action on behalf of sovereign bond investors over its climate disclosures.

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BlueScope hit with record $57.5M penalty for attempted price-fixing
Competition & Consumer Protection 2023-08-29 11:35 am By Sam Matthews

A judge has hit BlueScope Steel with a $57.5 million penalty for engaging in attempted cartel conduct and ordered a former executive to personally pay a $575,000 penalty.

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Aged pensioner can’t revive class action against Social Services
Appeals 2023-08-28 11:42 pm By Cindy Cameronne

A self-represented aged pensioner has lost his bid to revive a class action against the Department of Social Services over its real estate asset testing for pensions, with a judge saying that a legal practitioner must represent group members. 

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‘Group members are human beings’: Judge pans discontinuance notice in postgrads class action
Class Actions 2023-08-24 1:18 pm By Cindy Cameronne

A judge has panned as “thoroughly unsatisfactory” a draft notice informing group members in an underpayments class action against the federal government that only claims on behalf of postgraduate research students at the University of Sydney will continue.

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Ex-G8 Education chair suffers another loss in challenge to ASIC examination
Corporate 2023-08-22 10:29 pm By Sam Matthews

Former G8 Education chair Jennifer Hutson has lost an appeal of a decision that found she was not unlawfully examined by the corporate regulator over the childcare company’s $162 million hostile takeover bid for Affinity Education Group.

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