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Failure to meet KPIs not valid reason for axing telemarketer: FWC
Employment 2024-06-19 10:41 pm By Sam Matthews

A failure to meet key performance indicators not written into her employment contract was not a valid reason for sacking a telemarketer, the FWC has found in awarding the worker $10,000 in compensation.

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ASIC wins orders freezing assets of Keystone Asset Management fund
ASIC 2024-06-19 11:47 pm By Andy Sidler

ASIC has secured freezing orders over the assets of an investment fund managed by Keystone Asset Management, with a court also ordering a Keystone director to surrender his passport amid an investigation by the corporate regulator. 

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ASIC says judge erred in assessing Gilbert + Tobin’s advice to crypto provider
Cryptocurrency 2024-06-18 3:36 pm By Sam Matthews

ASIC has wasted no time in appealing a judge’s decision to excuse cryptocurrency product provider Block Earner from paying a civil penalty on the basis that it took advice from a leading law firm that was not seen by the court. 

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MinterEllison advice in spotlight in ASIC case against Dixon Advisory director
Trials 2024-06-17 11:09 pm By Cindy Cameronne

Trial in ASIC’s action accusing former Dixon Advisory director Paul Ryan of breaching his duties began Monday, a case that puts the spotlight on legal advice over a deed that affected the wealth management firm’s capacity to recoup a $19 million debt on the eve of its collapse.

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Paladin Group director entitled to rely on penalty privilege in ASIC case, court told
Financial Services 2024-06-17 1:35 pm By Sam Matthews

A director of two Paladin Group units is entitled to rely on the privilege against self-exposure to penalty in defending a case brought by the Australian Securities and Investments Commission, a court has heard.

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Judge mulls joint trial of ACMA case, class action against Optus
Privacy & Cybersecurity 2024-06-14 3:35 pm By Sam Matthews

A judge overseeing several cases against Optus over a September 2022 data breach has raised the possibility of hearing a class action against the telco alongside new proceedings brought by the Australian Communications and Media Authority.

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$8.8B Sigma, Chemist Warehouse merger raises competition concerns: ACCC
Competition & Consumer Protection 2024-06-13 2:16 pm By Andy Sidler

The ACCC has flagged competition concerns about drug supplier Sigma Healthcare’s proposed $8.8 billion reverse merger with Chemist Warehouse, saying the tie-up could harm independent pharmacies and lessen competition in pharmacy retail.

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Payday lenders Cigno, BSF appeal loss in ASIC case
Appeals 2024-06-12 2:58 pm By Christine Caulfield

Payday lenders Cigno and BSF Solutions have appealed a decision that found they provided credit without a licence, and rejected the claim that their loan model is analogous to buy now, pay later arrangements that don’t require a licence.

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SkyCity hit with $67M penalty in AUSTRAC case
AUSTRAC 2024-06-07 2:11 pm By Andy Sidler

A judge has ordered SkyCity to pay a $67 million penalty in AUSTRAC’s case alleging it allowed $4 billion in suspicious transactions, finding it was an “appropriate” sum, even when compared with the $450 million fine handed to Crown last July.

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Net-a-Porter loses challenge to The Iconic’s ‘Considered’ trade mark
Intellectual Property 2024-06-07 1:46 pm By Andy Sidler

The Iconic has defeated a challenge to the online fashion retailer’s application to trade mark ‘Considered’ for sustainable or ethically sourced products, with IP Australia rejecting Net-a-Porter’s argument that the label has not been used in the sense required under the Trade Marks Act.

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