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ACCC calls for $3.5M penalty for Oscar Wylee’s ‘brazen’ charity misrepresentations
Competition & Consumer Protection 2020-09-15 7:46 pm By Alison Eveleigh

The ACCC has asked a court to impose a $3.5 million penalty against eyewear retailer Oscar Wylee for making misleading representations about its charitable donations and affiliations, including that it would donate one pair of eyeglasses to charity for every pair purchased.

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Mayfair director slams ‘erroneous’ Deloitte report in ASIC winding up case
Restructuring & Insolvency 2020-09-15 7:17 pm By Miklos Bolza

The director of besieged investment group Mayfair 101 has called for an investigation into the Australian Securities and Investments Commission, calling a winding up proceeding brought by the financial watchdog “a form of malicious prosecution” based on a “flawed fundamental misunderstanding” and supported by an erroneous report from auditor Deloitte.

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Banksia judge orders Alex Elliott to reveal financial interests in father’s companies
Class Actions 2020-09-15 7:01 pm By Alison Eveleigh

Alex Elliott, the son of former Banksia Securities class action lawyer Mark Elliott, must hand over documents revealing his financial interests in his father’s litigation funding company and law firm, after the judge overseeing professional misconduct claims against lawyers in the class action rejected his claims that the discovery was a fishing expedition.

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GetSwift agrees to notify class of asset transfer outside of Australia
Class Actions 2020-09-15 4:11 pm By Miklos Bolza

GetSwift has promised the Federal Court that it will inform the lead applicant in a shareholder class action if any of its assets are to be transferred outside of Australia, after the applicant raised concerns about the logistics company’s proposed relocation to Canada.

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iSignthis’ John Karantzis hits Fairfax with defamation lawsuit over AFR article
Defamation 2020-09-14 5:45 pm By Alison Eveleigh

John Karantzis, the CEO of fintech company iSignthis, has launched defamation proceedings against Fairfax, targeting an Australian Financial Review article over the 900 per cent share price jump in Etherstack, a wireless radio tech company in which Karantzis owns shares.

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Fight brewing over whether group members can face cross-claims in Tandem class action
Class Actions 2020-09-14 4:07 pm By Miklos Bolza

A subsidiary of workforce management company Tandem, which contracts with Telstra and Optus, has foreshadowed future cross-claims against group members who claim they were misclassified as contractors and denied employment benefits.

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Facebook can’t escape privacy action with jurisdiction argument
Privacy & Cybersecurity 2020-09-14 2:33 pm By Christine Caulfield

Facebook’s argument that it can’t be sued by the privacy commissioner in Australia has fallen flat, with a judge rejecting the social media giant’s application to dismiss enforcement action brought in March over the disclosure of users’ personal data.

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NAB units ordered to pay $57.5M in ASIC fees for no service case
Financial Services 2020-09-11 11:28 pm By Cat Fredenburgh

The Australian Securities and and Investments Commission has won a $57.5 million judgment against two units of National Australia Bank for making misleading representations to superannuation customers regarding $100 million in fees charged for services they never received, far short of the $125 million sought by the corporate regulator.

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Law firm loses bid for insurance docs in Dreamworld class action
Insurance 2020-09-11 3:05 pm By Alison Eveleigh

The applicants in a shareholder class action against Dreamworld owner Ardent Leisure over a 2016 tragedy in which four people died following a ride malfunction have lost their request for the company’s insurance documents, with a judge rejecting suggestions that the theme park operator lacks assets to pay the estimated $310 million in claims.

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‘Vague and general’: Judge knocks cryptocurrency class action
Class Actions 2020-09-11 2:46 pm By Miklos Bolza

A  judge has slammed the pleadings in a $1 billion class action against Facebook and Google over cryptocurrency ad bans as “vague and general” and refused to let the matter progress until a better case is brought.

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