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Hewlett-Packard could not cap commissions at ‘whim’, owes ex-sales rep $370,000, court says
Employment 2020-02-04 7:02 pm By Miklos Bolza

IT giant Hewlett-Packard Australia has been ordered to pay over $370,000 in unpaid commissions to a former sales executive after a court found the company could not change its incentives “arbitrarily, capriciously or unreasonably”.

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Class action alleges 7-Eleven made franchisees use Metcash-owned vendor
Class Actions 2020-02-04 6:37 pm By Cat Fredenburgh

A class action brought against 7-Eleven claims the convenience store chain ordered franchisees to purchase goods from supplier C-Store so that 7-Eleven could meet its obligation under a contract with the Metcash-owned supplier.

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ASIC did nothing about Dover’s client protection policy for over a year, court told
Financial Services 2020-02-03 9:59 pm By Christine Caulfield

The Australian Securities and Investments Commission formed the view that Dover Financial’s “Orwellian” client protection policy was misleading in 2016 but did not raise its concerns with the now defunct firm until 2018, a court has heard.

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Visy ordered to pay $1.6M to bubble wrap maker over licence for Chobani spoons
Intellectual Property 2020-02-03 5:17 pm By Miklos Bolza

The company behind the ubiquitous bubble wrap has won a consumer case against Visy Packaging, with the Federal Court awarding almost $3 million in damages after finding a spoon-lid combination supplied to yoghurt maker Chobani breached an exclusive licence agreement.

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US class action firms pounce on Westpac
Class Actions 2020-02-03 2:08 pm By Cat Fredenburgh

Westpac is now facing at least eight class actions in various US courts seeking $200 million from the bank for allegedly failing to alert shareholders to violations of anti-money laundering laws.

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Myer shareholders get second chance to prove loss in class action
Class Actions 2020-02-03 1:15 pm By Christine Caulfield

After failing to persuade the court at trial, shareholders in a class action against Myer have another chance to prove they suffered financial loss after the department store was found to have repeatedly neglected to correct an inflated profit forecast from former CEO Bernie Brookes five years ago.

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Kleenmaid founder’s brother can’t dodge conviction over $13M Westpac fraud
White Collar 2020-02-03 12:01 pm By Cat Fredenburgh

The brother of the founder of defunct whitegoods distributor Kleenmaid has lost an appeal seeking to overturn his conviction on fraud and insolvent trading charges for masterminding a $13 million fraud against Westpac.

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JPMorgan slams ANZ’s ‘conspiratorial allegations’ of collusion by regulators
Competition & Consumer Protection 2020-01-31 10:18 pm By Miklos Bolza

JPMorgan has taken ANZ to task for its “heroic endeavours to create an air of suspicion” around the conduct of ASIC and the ACCC prior to the filing of a landmark criminal cartel case, slamming the allegations as purely speculative.

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Judge gives law firms 3 weeks to join a Westpac class action beauty parade
Class Actions 2020-01-31 9:48 pm By Christine Caulfield

A judge overseeing the first of what could be many shareholder class actions over Westpac’s anti-money laundering breaches — brought by class action specialists Phi Finney McDonald — has given other law firms a three-week deadline to notify the court if they plan to file competing proceedings.

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US class action targets Westpac execs over AUSTRAC scandal
Class Actions 2020-01-31 4:08 pm By Cat Fredenburgh

Westpac is facing its first shareholder class action in the US following revelations that it violated anti-money laundering and counter-terrorism finance laws on more than 23 million occasions, in the first lawsuit to point the finger at the company’s executives.

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