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Use of CBA app for notice of $7M penalty in ASIC case not appropriate, judge says
Financial Services 2021-08-16 2:50 pm By Christine Caulfield

A judge has refused to order Commonwealth Bank of Australia to publish notice of a $7 million penalty in a case brought by ASIC on its mobile app, but the bank will have to alert customers to its misconduct on its website and online newsroom.

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Court can’t force ‘unwilling’ applicants to litigate, says Sims class action judge
Class Actions 2021-08-13 8:28 pm By Miklos Bolza

A judge has allowed a new applicant to lead a shareholder class action against recycling company Sims Metal Management, ruling that he could not force the original applicant to continue in the role when it wanted to back out.

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YouTuber Jordan Shanks has defence scuttled in NSW Deputy Premier’s defamation case
Defamation 2021-08-13 4:13 pm By Miklos Bolza

YouTuber Jordan Shanks has been sent back to the drawing board with his defence in a defamation case brought by NSW Deputy Premier Jon Barilaro after the Federal Court found parliamentary privilege protected the politician in the face of a truth defence to some allegations.

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ACCC says Google’s ‘Oh Shit’ meeting relevant to penalty in location privacy case
Competition & Consumer Protection 2021-08-13 4:20 pm By Cindy Cameronne

The ACCC wants Google to produce documents related to its infamous ‘Oh Shit’ meeting, which the consumer regulator says will be relevant to the tech giant’s state of mind and the judge’s penalty in a case over representations to users about their location data.

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Court throws out Merck Sharp & Dohme’s Januvia patent extension
Intellectual Property 2021-08-12 2:29 pm By Miklos Bolza

The Federal Court has dealt US drug giant Merck Sharp & Dohme a devastating blow, overturning an “untenable” patent term extension which would have protected the monopoly of its multibillion-dollar Januvia and Janumet diabetes drugs beyond July 2o22.

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Silk in ANZ cartel case to be first female DPP in NSW
People In The News 2021-08-12 5:12 pm By Bianca Hrovat

A leading Sydney silk who has appeared for the prosecution in a high-profile criminal cartel case over a $2.5 billion ANZ share placement is set to become New South Wales’ first woman to serve as Director of Public Prosecutions.

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Recovery concerns flagged in CBA class action
Class Actions 2021-08-12 2:48 pm By Cindy Cameronne

The applicant in a class action on behalf of hundreds of thousands of Colonial First State Investments customers has raised concerns about whether he can recover compensation from a CBA life insurance unit that was recently sold to a competitor.

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Forum directors funnelled millions to buy luxury cars, jewellery and racehorses, court told
Financial Services 2021-08-11 7:11 pm By Miklos Bolza

Westpac has released further details of its fraud claim against Bill Papas, founder of the Forum Group of Companies, painting a picture of an elaborate scheme to misappropriate $254 million to buy real estate, jewellery, luxury cars, racehorses and European football teams.

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Baker McKenzie negligent in advising on Chinese lender’s failed Aussie launch, court hears
Professional Negligence 2021-08-11 3:57 pm By Cindy Cameronne

Baker McKenzie has been accused of negligence in a cross claim by Chinese lender Aoyin, which faces a lawsuit by accounting giant PricewaterhouseCoopers for unpaid fees over advice related to a failed bid to launch a bank in Australia.

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Plastic surgeon wins $450,000 in damages for ‘online tirade of criticism’
Defamation 2021-08-11 10:21 pm By Christine Caulfield

A plastic surgeon who was subjected to an “online tirade of criticism, negative reviews and abuse” by a former patient has won $450,000 in defamation damages.

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