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Judge questions if ASIC’s proposed $6M penalty against IOOF unit has enough sting
Financial Services 2022-02-01 4:01 pm By Bianca Hrovat

A judge has raised concerns about a $6 million penalty proposed by the Australian Securities and Investments Commission against IOOF unit RI Advice for failing to rein in an adviser who reaped hefty commissions for steering clients towards risky investments.

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In class action defence, Tyro says businesses should have accepted cash during EFTPOS outage
Class Actions 2022-02-01 9:58 pm By Sam Matthews

Fintech Tyro has hit back at a class action brought on behalf of retailers who were unable to process payments because of a days-long terminal outage, arguing they should have accepted cash while their EFTPOS machines were down.

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AMP unit settles retired planner’s suit over $1M buyout deal
Financial Services 2022-02-01 2:05 pm By Cat Fredenburgh

A subsidiary of AMP has settled a retired financial planner’s lawsuit accusing the company of using “unfair tactics” to avoid coughing up close to a million dollars owed under a buyout option exercised in November 2019.

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Astora Health says $27M best bet for class action members, warns of ‘financial difficulties’
Class Actions 2022-02-01 12:50 pm By Cat Fredenburgh

Astora Women’s Health says group members should accept an open $27 million settlement offer in a class action over its allegedly defective pelvic mesh devices, warning that “financial difficulties” may prevent it from meeting any judgment if the case succeeds at trial.

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Arasor class action applicant sues funder over $1.2M in expenses
Class Actions 2022-02-01 2:46 pm By Cat Fredenburgh

One of the applicants in a settled shareholder class action against tech company Arasor has sued the funder that backed the case alleging it is owed $1.2 million in personal expenses accrued while serving as lead applicant on the case.

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Ugg owner wins IP case against Aussie shoe retailer
Intellectual Property 2022-02-01 6:11 pm By Bianca Hrovat

The maker of Ugg footwear has successfully opposed an application by an Australian shoe seller to register a trade mark containing the word ‘ugg’, but a delegate has warned the company it does not have an exclusive right to the descriptive word.

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Judge forgoes settlement approval hearing in Romeo’s class actions
Class Actions 2022-01-31 1:06 pm By Christine Caulfield

A judge overseeing two class actions against Romeo’s has ditched what has become the commonplace hearing in weighing a settlement of the cases, but experts say approval applications in group proceedings should ideally be heard in open court.

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In ME Bank case, ASIC argues clock doesn’t run on serious corporate crime
White Collar 2022-01-31 7:44 pm By Bianca Hrovat

The Australian Securities and Investments Commission is challenging a ruling that threw out half the criminal charges against direct bank Members Equity, arguing the statute of limitations doesn’t apply to serious corporate misconduct.

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BHP’s vaccination policy at Queensland coal mines found to be lawful
COVID-19 2022-01-31 7:01 pm By Christine Caulfield

BHP’s policy requiring Queensland workers to be vaccinated against COVID-19 and show proof of the jab has withstood a challenge from mining unions that claimed the rule was unreasonable and breached the Privacy Act.

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‘Get over it’: Pest control company, ‘cockroach’ employee accused of harassment
Employment 2022-01-31 3:13 pm By Sam Matthews

A former business development manager at Flick has filed a sexual harassment lawsuit against the pest control giant, alleging a string of incidents involving a senior employee that began during her interview, and an inadequate complaints process that repeatedly dismissed and downplayed her concerns. 

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