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Over ‘intransigent’ ACCC, judge says Retail Food Group case can be decided with store sample
Competition & Consumer Protection 2022-08-19 11:20 pm By Sam Matthews

A judge has ordered that the ACCC’s case alleging Retail Food Group misled franchisees be run on a sample basis, saying the regulator’s opposition to the idea “smacks of a lack of confidence in its own case.”

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Mazda’s conduct not just ‘appalling customer service’ but unconscionable, ACCC says
Competition & Consumer Protection 2022-08-02 11:37 pm By Christine Caulfield

A judge was wrong to find that Mazda’s treatment of customers with faulty vehicles was appalling but not unconscionable, and nowhere in his ruling is there an explanation for the distinction, the consumer regulator has told an appeals court.

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Ex-Dick Smith CEO should be liable for approving $28.5M in dividends, appeals court told
Restructuring & Insolvency 2022-05-30 9:30 pm By Cindy Cameronne

The former CEO of failed electronics retailer Dick Smith should be held responsible for approving two dividend payments worth $28.5 million which the company could not afford to pay given it owed millions in unpaid bank loans and supplier debts, an appeals court has heard. 

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No penalty for IOOF unit RI Advice in ASIC’s novel cybersecurity case
Privacy & Cybersecurity 2022-05-05 12:24 pm By Christine Caulfield

IOOF financial advice unit RI Advice has escaped a penalty in a test case alleging cybersecurity failures, but the firm must engage an IT security company and pay the corporate regulator’s legal costs.

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IOOF unit settles ASIC’s cybersecurity test case
Privacy & Cybersecurity 2022-04-20 12:48 pm By Sam Matthews

IOOF unit RI Advice has agreed to settle novel proceedings brought by the Australian Securities and Investments Commission claiming it failed to protect its clients against cybersecurity risks.

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ACCC appeals ruling over Mazda’s ‘appalling’ customer service
Appeals 2022-04-14 9:42 pm By Cindy Cameronne

The consumer watchdog is challenging a court ruling that found Mazda’s treatment of customers with defective vehicles was “appalling” but did not amount to unconscionable conduct.

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MLC admits to contraventions in $17.5M ASIC suit
Financial Services 2022-03-24 10:49 pm By Cindy Cameronne

Wealth manager MLC Limited has admitted to violating the Corporations Act by failing to send overdue notices to policyholders over a 15-year period, but will defend the bulk of ASIC’s claims in proceedings accusing it of causing $17.5 million in harm to over a quarter of a million consumers.

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Law firms earned $68M for defending lawsuits over collapse of Dick Smith
Restructuring & Insolvency 2022-02-11 11:15 pm By Christine Caulfield

The law firms and barristers who defended former Dick Smith directors in sprawling litigation over the failure of the electronics retailer earned close to $68 million in fees, a court has heard.

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ACCC appeals ruling from judge who ‘gagged’ at proposed $5M Employsure penalty
Appeals 2022-01-14 11:58 am By Cat Fredenburgh

The ACCC will seek a higher penalty against Employsure over misleading Google advertisements, after a judge found the consumer regulator’s proposed $5 million penalty was inappropriate and instead ordered the specialist workplace relations consultancy to pay $1 million.

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NAB, HSBC should pay for Dick Smith receivers’ court loss, judge hears
Restructuring & Insolvency 2021-12-15 6:15 pm By Miklos Bolza

National Australia Bank and HSBC should be “jointly and severally liable” to pay a portion of the costs of a failed case brought by Dick Smith’s receivers against the company’s former directors because the banks stood to gain financially if the lawsuit was successful, the NSW Supreme Court has heard.

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