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AUSTRAC’s history of agreed penalties could create a moral hazard, judge says
AUSTRAC 2023-07-11 4:02 pm By Sam Matthews

The judge asked to approve a proposed $450 million penalty in AUSTRAC’s case against Crown Resorts has questioned whether the practice of regulators settling enforcement action ahead of trial gave rise to a “moral hazard” problem.

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Judge slams AUSTRAC’s ‘misleading’ $450M penalty deal with Crown
Gaming 2023-07-10 10:02 pm By Sam Matthews

A proposed interest-free payment plan for a $450 million penalty agreed to between Crown Resorts and AUSTRAC has been questioned by a judge, who said it would have “the Commonwealth of Australia act as the Crown’s banker” for two years.

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Hotel detention legal, but lacked ‘care and humanity’, judge says
Human Rights 2023-07-06 10:27 pm By Gareth Baker

A federal court judge has slammed Australia’s use of makeshift hotel detention centres as lacking “ordinary human decency”, but ruled they are not illegal in the case of a Kurdish refugee who was held for 14 months in two Melbourne hotels. 

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Peru sour after failed bid to trade mark pisco
Intellectual Property 2023-07-04 5:07 pm By Gareth Baker

The government of Peru has appealed a ruling that rejected its bid to trade mark the alcoholic spirit pisco, after an IP Australia delegate found Aussie consumers think of more than Peruvian pisco when they see the name.

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IAL hit with $40M penalty over unpaid NRMA loyalty discounts
Insurance 2023-06-30 4:03 pm By Christine Caulfield

A court has imposed a $40 million penalty on Insurance Australia Limited in a case by the corporate regulator alleging NRMA customers were not paid $60 million in promised loyalty discounts.

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Subpoenas need only seek relevant, not case-advancing, info: appeals court
Tax 2023-06-30 4:07 pm By Sam Matthews

A self-represented litigant locked in a legal battle with the ATO and Commonwealth Director of Public Prosecutions has won an appeal of a decision that set aside nine subpoenas she issued, including one to the Assistant Director of the CDPP, with the appeals court finding that the relevance of the evidence sought was enough to satisfy the application.

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Repatriating Aussies detained in Syria ‘easy to do’, top judge told
Human Rights 2023-06-16 11:24 pm By Gareth Baker

A human rights group has told the Federal Court it will file for habeas corpus in a bid to compel the federal government to bring home Australians stuck in Syrian detention camps, with eight women, all Australian citizens, and 18 children being held in Camp Roj in the country’s northeast. 

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Council’s GST payments not unconstitutional tax, High Court says
Tax 2023-06-14 11:09 pm By Christine Caulfield

Notional GST payments by local councils under an intergovernmental agreement with the Commonwealth are a voluntary act, not an impermissible tax in breach of the Constitution, the High Court has ruled.

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ASIC, NAB clash over $10M penalty exposes ‘vague status’ of concise claims, judge says
Financial Services 2023-06-06 3:53 pm By Sam Matthews

NAB has told a court it should pay a $2 million penalty — not the $10 million proposed by ASIC  — for engaging in unconscionable conduct by overcharging customers, saying the exact words used in the regulator’s concise statement accuse it only of a single contravention.

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Crown to pay $450M to settle AUSTRAC case
Gaming 2023-05-30 12:59 pm By Christine Caulfield

Crown Resorts has reached agreement with AUSTRAC to pay a $450 million penalty for the casino operator’s serious breaches of the anti-money laundering and counter-terrorism financing laws.

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