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Judge backs ASIC plan to ban OTC binary options as issuers hit with $75M penalty
Financial Services 2020-10-16 4:52 pm By Christine Caulfield

Over-the-counter derivative issuers AGM Markets, OT Markets and Oxifin Tech have been ordered to pay a total of $75 million in penalties after a ruling that they engaged in unconscionable conduct causing losses of over $30 million to unsophisticated investors seeking what a judge called “financial heroin hits”.

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Litigation funder a ‘stranger’ in S&P class action, not entitled to docs, judge says
Class Actions 2020-10-16 12:21 pm By Christine Caulfield

The litigation funder embroiled in a contractual dispute with a lead applicant in a class action against S&P Global is a stranger to the proceeding and has no right to demand to be served an application to pause the case pending the outcome of the contract spat, a judge has said.

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Judge consolidates class actions against Treasury Wine, appoints referee to police costs
Class Actions 2020-10-15 10:35 pm By Christine Caulfield

A judge has agreed to consolidate two shareholder class actions against Treasury Wine Estates over an earnings downgrade in January and will let two law firms jointly run the case, over the winemaker’s objections.

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‘Horse has bolted’: Lawyer Alex Elliott waived right to silence in Banksia case, court hears
Class Actions 2020-10-15 7:10 pm By Christine Caulfield

Lawyer Alex Elliott can’t refuse to hand over evidence in the Banksia class action on the grounds of privilege against self incrimination or exposure to penalty because he waived privilege when he produced the documents to lawyers for his late father’s funder, a court has been told.

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Shock jock Alan Jones sues SBS, presenter Alex Lee for defamation
Defamation 2020-10-14 9:50 pm By Christine Caulfield

Conservative talkback host Alan Jones has filed a defamation suit against public broadcaster SBS over a “tribute” aired on ‘The Feed’ which labelled him as someone who “spoke to the fears of every xenophobe and misogynist in the country”.

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Google execs held ‘Oh shit’ meeting after report on location data disclosures, court hears
Competition & Consumer Protection 2020-10-14 2:51 pm By Christine Caulfield

A media report about Google’s location data privacy disclosures that set off investigations by consumer regulators in Australia and the US triggered crisis talks by senior executives of the search engine giant referred to as the ‘Oh shit meeting’, a court has been told.

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Andrews government faces High Court challenge to COVID-19 lockdown
COVID-19 2020-10-12 10:23 pm By Christine Caulfield

A Sorrento bar owner backed by two high profile barristers is taking the Andrews government to the High Court claiming Victoria’s lockdown is an unconstitutional restriction on the freedom of movement of the state’s 6.6 million residents.

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AMP hits back at class action, says buy-out policy changes needed to avoid ‘BOLR run’
AMP 2020-10-12 2:13 pm By Christine Caulfield

Changes to AMP’s buyer of last resort policy that reduced the multiple by which the wealth management firm would purchase advisers’ client registers was necessary to protect the business from a ‘BOLR run’, a court had been told.

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Lawyer settles case against firm accused of ‘workplace culture of sniping’
Employment 2020-10-09 3:17 pm By Christine Caulfield

A former associate director of a Melbourne law firm that allegedly sacked him after he complained of workplace “sniping” has resolved his unfair dismissal lawsuit.

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AFR’s Joe Aston wrote ‘nasty’ text messages about Elaine Stead, court told
Defamation 2020-10-08 10:13 pm By Christine Caulfield

Australian Financial Review columnist Joe Aston sent “very nasty” text messages about venture capitalist Elaine Stead, and any in-person mediation ahead of Stead’s defamation trial is unlikely to be worthwhile given the animosity between the pair, a court has been told.

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