Murray Darling authority slams class action’s ‘incoherent’ duty of care claim

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The public body in charge of managing the Murray Darling’s water resources has slammed as “incoherent” a class action’s claims that it owes a duty of care to protect farmers and irrigators against economic loss.

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ASIC holds no ‘special position’ when it comes to indemnity costs for doomed cases: judge

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The corporate regulator should not be immune from the risk of special costs for actions doomed to fail, says a judge who flayed ASIC last month for bringing a case against TerraCom directors it should have known was a dud.

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Super giant Mercer sued by ASIC for ‘longstanding and systemic’ failures

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Mercer Super faces enforcement action by ASIC, alleging the superannuation giant failed to inform the watchdog about investigations into serious issues, including a failure to refund premiums to dead members.

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HESTA super fund says ATO overtaxed it by $11M

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HESTA Super has complained that the tax office has unfairly stripped it of $11 million in franking credits, denying it did not hold the credits ‘at risk’ for the required 45-day period. 

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Former Labor MP, now workplace umpire not DQ’d from ‘same pay’ cases: court

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A judge has dismissed a bid by a group of labour hire companies to disqualify former Labor MP now Fair Work Commission deputy president Terri Butler from same job, same pay cases for apprehended bias.

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ACCC flags concerns over Kegstar’s acquisition of only competitor

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The competition watchdog has raised concerns over the proposed tie-up of Kegstar and Konvoy — the only operators in the niche industry of keg pooling — saying the deal could mean higher prices.

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eToro can rely on late evidence in novel ASIC case over CFDs

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Online investment platform eToro has won its bid to rely on late expert evidence in ASIC’s first-ever action alleging breach of obligations in designing and selling financial products over high-risk contracts for difference.

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Beacon Minerals geological consultant sentenced in insider trading case

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A geological consultant has been sentenced to a suspended 12 months’ prison after pleading guilty to insider trading using information obtained through his work with Beacon Minerals. 

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Apple, Google ruling to boost competition class actions against tech giants

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A landmark finding that Apple and Google misused their market power will boost competition claims — including class actions — against other dominant digital market players and could prompt the ACCC to consider action, experts told Lawyerly.  

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Class action firms ‘doing well’ inherent part of contingency fee law, court told

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Maurice Blackburn is seeking a 33 per cent cut of any settlement in a class action against Sportsbet, arguing that law firms “doing well” for themselves by running class actions is an inherent feature of the contingency fee scheme.

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