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COVID-19 delays judgment in ACCC’s long-running case against private college Phoenix
Competition & Consumer Protection 2021-08-06 3:37 pm By Miklos Bolza

Sydney’s ongoing COVID-19 lockdown has created “logistical” difficulties delaying the release of a long awaited judgment in the ACCC’s consumer law case against collapsed private college Phoenix Institute, which was accused of misleading students through the marketing of its courses.

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ASIC seeks $40M penalty against NAB over inadequate fee disclosures
Financial Services 2021-06-17 3:06 pm By Christine Caulfield

National Australia Bank has admitted in court it broke the law by charging fees it was not entitled to collect, but the bank and the corporate regulator are $25 million apart on what is an appropriate penalty.

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PwC says ATO should stick to plan at upcoming privilege hearing
Tax 2021-08-03 2:10 pm By Miklos Bolza

PricewaterhouseCoopers has objected to swathes of evidence from the Commissioner of Taxation being included in an upcoming trial over privilege, claiming the material oversteps a process put in place by the court to only examine a small sample of documents.

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Prospect of longer COVID-19 lockdown stalls Ben Roberts-Smith trial
Defamation 2021-08-02 12:10 pm By Cat Fredenburgh

Trial in war veteran Ben Roberts-Smith’s defamation case over articles accusing him of war crimes has been adjourned until November in light of the current COVID-19 lockdown in Sydney, which a judge noted could be extended beyond the month of August.

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‘Why cannot our own creations also create?’: AI can be inventor on patent, court finds
Intellectual Property 2021-07-30 12:39 pm By Cat Fredenburgh

A judge has found artificial intelligence can be named as the inventor on a patent application, setting aside an IP Australia finding that allowing a machine to be considered an inventor would render the Patents Act incapable of “sensible operation”.

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Judge urged to shut down ‘pseudo’ class action over climate change disclosures
Environment 2021-07-28 10:13 pm By Cindy Cameronne

A green activist who filed a group proceeding alleging the government failed to disclose the impacts of climate change to investors in sovereign bonds does not have a common interest with group members and should have her lawsuit declassed, a court has heard.

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Nine witness accused of lying for compensation in Ben Roberts-Smith defamation trial
Defamation 2021-07-28 2:05 pm By Miklos Bolza

A witness for two Nine-owned newspapers sued by Ben Roberts-Smith has been accused of fabricating a story that the war veteran kicked his step-uncle off a cliff before ordering him to be shot to gain compensation from the Afghanistan Independent Human Rights Commission.

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ACCC appeals ruling throwing out ‘fanciful’ NSW Ports competition case
Competition & Consumer Protection 2021-07-27 7:05 pm By Cat Fredenburgh

The Australian Competition and Consumer Commission has appealed a judge’s decision throwing out its competition case over an agreement for the privatisation of two NSW ports, calling the case “a matter of significance for the Australian economy”.

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Radio device planted on murdered Afghan villager, Ben Roberts-Smith trial told
Trials 2021-07-26 2:54 pm By Cindy Cameronne

A communications device was planted on an unarmed Afghan villager who was allegedly murdered by former SAS soldier Ben Roberts-Smith, a court overseeing the accused war criminal’s defamation trial has heard.

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Canberra eyed as possible new venue for Ben Roberts-Smith’s defamation trial
Trials 2021-07-23 10:53 pm By Cindy Cameronne

Canberra has been floated as a potential new venue for the trial in former SAS soldier Ben Roberts-Smith’s defamation case as Sydney’s COVID-19 outbreak worsens, but a judge has said moving the hearing created “real difficulties”.

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