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CBA defeats ‘misconceived’ ASIC conflicted remuneration case
Financial Services 2022-09-29 11:11 am By Sam Matthews

The Australian Securities and Investments Commission has suffered a defeat in proceedings alleging the Commonwealth Bank of Australia accepted conflicted remuneration through the sale of its Essential Super product, with a judge finding the regulator “ignored the circumstances” in which the product was distributed.

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Dick Smith execs ask High Court to toss case over final dividend
High Court 2022-09-29 10:33 pm By Cat Fredenburgh

Two former executives of defunct electronics retailer Dick Smith have asked the High Court to hear their challenge to a $11.8 million damages award for approving a dividend payment the company could not afford.

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Essure class action slams Bayer’s bid for applicant’s teen medical records
Class Actions 2022-09-21 2:15 pm By Cindy Cameronne

The lead applicant in a class action against Bayer over its Essure contraceptive device has admonished the drug maker’s request for her medical records since the age of 14, saying it had “no basis” and was a “fishing exercise”.

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Dixon Advisory hit with $7.2M penalty in ASIC case
Financial Services 2022-09-19 3:08 pm By Cat Fredenburgh

A judge has signed off on a $7.2 million penalty against Dixon Advisory after the company admitted to ASIC allegations that its advisors failed to act in its clients’ best interests by recommending they invest in a risky US-based real estate investment fund.

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Ex-Orix boss drops fight over set-off defence
Employment 2022-09-16 11:52 pm By Christine Caulfield

The sacked CEO of Orix Australia has abandoned his challenge to a ruling allowing a set-off defence for the fleet management company in his case for unpaid leave entitlements and penalties.

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Fresenius Kabi, Samsung Bioepis lock horns again over Humira biosimilar
Intellectual Property 2022-09-13 10:30 pm By Cindy Cameronne

German biotech Fresenius Kabi has struck back at Samsung Bioepis’s latest attack on the validity of its patents for a liquid formulation of top selling immunosuppressant drug Humira, accusing the Korean company of causing its sales to flag by infringing the patent.

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G&S can’t shield emails about legal advice in suit over Mount Pleasant coal mine
Business of Law 2022-09-01 2:47 pm By Cindy Cameronne

Engineering services firm G&S has lost a bid to shield emails about “the need to obtain legal advice” in a $270 million dispute with the operator of a NSW open-cut coal mine.

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Snap Fitness franchisee loses COVID-19 coverage appeal, but ‘conformity clause’ debate still live
Insurance 2022-08-31 11:30 pm By Christine Caulfield

An appeals court has dismissed a challenge brought by a Snap Fitness franchisee to a ruling that found insurer Lloyd’s could rely on a conformity clause in its policy to deny business interruption coverage to the NSW gym for losses related to COVID-19.

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Dick Smith directors owe $11.8M in damages after receivers win appeal
Restructuring & Insolvency 2022-08-29 1:38 pm By Cindy Cameronne

An appeals court has found that two former executives of collapsed electronics retailer Dick Smith should pay the company’s receivers $11.8 million in damages for approving a dividend payment the company could not afford.

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‘Concerned’ judge wants answers from AMP on remediation program
Financial Services 2022-08-19 11:05 pm By Cindy Cameronne

A judge has raised concerns that AMP Financial Planning has not compensated customers for allegedly failing to prevent life insurance churning, directing the firm to explain the “vanishingly small” number of people who have been remediated.

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