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Judge slams ‘deficient’ explanation behind $2.9M penalty in ACCC, HealthEngine case
Competition & Consumer Protection 2020-06-05 2:12 pm By Miklos Bolza

A penalty hearing in the ACCC’s case against health booking company HealthEngine over misleading online reviews has been adjourned after a judge criticised the parties’ joint submissions as “deficient” for failing to explain how a proposed $2.9 million penalty had been arrived at.

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Ex-Ferrari CEO tried to convince employee to have abortion, court papers show
Employment 2020-06-04 11:19 pm By Cat Fredenburgh

The former CEO of Ferrari Australasia allegedly tried to talk an employee with whom he was having an affair into terminating her pregnancy, according to his lawsuit alleging he was unfairly sacked for engaging in what was “routine” behaviour among the upper ranks at the prestige car maker.

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Toxic foam class action settlement hearing runs to second day, with ‘unusual’ number of objections
Class Actions 2020-06-04 8:25 pm By Alison Eveleigh

The settlement of three class actions brought against the Commonwealth of Australia over its alleged use of toxic firefighting foam on government military bases is facing an unusually high number of objections, pushing an approval hearing into a second day as dissenters voice their concerns in court.

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Robodebt recipients won’t be asked to waive class action claims
Class Actions 2020-06-04 6:06 pm By Christine Caulfield

Centrelink recipients eligible for a share of $721 million in refunds on debts paid as part of the controversial Robodebt scheme will not be asked to sign away their rights in an ongoing class action, but whether the Morrison Government will seek to shut down the case remains to be seen.

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‘An immediate conflict of interest’: Appeals court tosses opt out notices in AMP class action
Appeals 2020-06-04 3:57 pm By Miklos Bolza

An appeals court has vacated orders sending opt out and registration notices to shareholders in a class action against AMP after a successful challenge by the lead plaintiff in a competing class action that was stayed after a high-profile litigation beauty parade last year.

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ASIC’s proposed $5M penalty against CBA ‘on the light side’, judge says
Financial Services 2020-06-04 12:33 pm By Miklos Bolza

A judge has questioned ASIC’s proposed $5 million penalty against the Commonwealth Bank of Australia, saying it was “on the light side” for the bank’s conduct in overcharging $8 million in fees on its agricultural products.

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Banksia class action funder can’t keep details of misconduct claims under wraps
Class Actions 2020-06-03 10:50 pm By Christine Caulfield

A judge has rejected calls to keep confidential the details of professional misconduct claims against the funder and lawyers behind the Banksia Securities class action, in a ruling that revealed that investors of the collapsed lender could recover $30 million more if allegations against the legal team are established at trial.

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Union unfairly sacked official over Labor conference spat, lawsuit claims
Employment 2020-06-03 9:53 pm By Cat Fredenburgh

An official employed with a local branch of the Finance Sector Union claims he was unfairly dismissed after resisting a union directive to send a delegation to a Victorian Labor party conference held in November at which delegates from the CFMEU staged a walkout.

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Law firm leaders reflect on lessons learned from COVID-19
Business of Law 2020-06-03 5:58 pm By Alison Eveleigh

The global pandemic has shown that the traditional law firm operating model can be transformed with speed and agility if needed. Beyond the anticipated shift to more flexible working arrangements, Lawyerly asked law firms leader to share some of the other lessons they have learned from COVID-19 and how they will incorporate these experiences into the management of their firm.

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Lawyer wins $84,000 in defamation case over Google, Yelp reviews
Defamation 2020-06-03 5:25 pm By Miklos Bolza

A Sydney solicitor has won an $84,000 defamation judgment over two “indefensible” online reviews written by a building inspector who threatened to defame the lawyer “again and again”.

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