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Use of CBA app for notice of $7M penalty in ASIC case not appropriate, judge says
Financial Services 2021-08-16 2:50 pm By Christine Caulfield

A judge has refused to order Commonwealth Bank of Australia to publish notice of a $7 million penalty in a case brought by ASIC on its mobile app, but the bank will have to alert customers to its misconduct on its website and online newsroom.

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Judge finds Phoenix Institute treated vulnerable customers with ‘callous indifference’
Competition & Consumer Protection 2021-08-13 4:26 pm By Miklos Bolza

A judge has found collapsed education provider Phoenix Institute acted unconscionably and with “callous indifference” by enticing vulnerable consumers to enrol in unsuitable courses with promises of free laptops.

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Oaktree unit must join Marlin’s shareholders to $135M breach of warranty case
Corporate 2021-08-11 6:34 pm By Cindy Cameronne

A unit of Oaktree Capital Management has been ordered to join all former shareholders of consumer brand wholesaler Marlin Brands as defendants in a case over the investment giant’s $200 million acquisition of the company that alleges fraud or wilful deceit on the part of the sellers.

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Apple asks High Court to undo ‘radical’ Epic Games decision
High Court 2021-08-10 3:10 pm By Cat Fredenburgh

The Full Federal Court took a “radical” and unorthodox approach with far-reaching consequences by keeping Apple’s competition dispute with Fortnite game maker Epic Games in Australia, the Silicon Valley giant has told the High Court.

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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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Bristol-Myers Squibb denies claims in Merck Sharp & Dohme’s misuse of market power case
Competition & Consumer Protection 2021-08-06 3:06 pm By Miklos Bolza

Pharmaceutical giant Bristol-Myers Squibb will fight a case brought by Merck Sharp & Dohme alleging misuse of market power over stage IV melanoma treatments, telling the Federal Court on Friday it denied its rival’s claims.

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Rex hires Clayton Utz as it weighs legal options against Qantas
Competition & Consumer Protection 2021-08-03 12:58 pm By Christine Caulfield

Regional Express has engaged Big Six firm Clayton Utz to investigate potential court action against rival airline Qantas for alleged anticompetitive conduct.

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Junior doctors launch third class action in Victoria alleging unpaid overtime
Class Actions 2021-08-02 6:46 pm By Cindy Cameronne

Melbourne hospital operator Western Health has been hit with a class action on behalf of junior doctors across six hospitals in Victoria who allege they were denied pay for overtime hours, the third underpayments class action filed by doctors in the state.

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Feud over app notice in $7M CBA case could shift balance towards higher penalties
Financial Services 2021-07-29 4:08 pm By Miklos Bolza

A judge weighing a dispute between ASIC and the Commonwealth Bank over whether notice of a $7 million penalty should be sent out through the bank’s Commbank app has questioned the usefulness of adverse publicity notices and whether they should be ditched for higher pecuniary penalties in the future.

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‘I didn’t come down in the last shower’: Judge criticises running of two S&P cases
Class Actions 2021-07-28 1:53 pm By Christine Caulfield

A judge has grudgingly agreed to allow a law firm to run an investor’s case against S&P Global over ratings on toxic financial products separately from a class action that makes the same claims, but was warned of the “costs consequences” of the parallel proceedings.

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