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Full Court decision could ensnare buy now, pay later schemes, High Court told
High Court 2022-07-27 11:37 pm By Sam Matthews

Payday lenders Cigno and BHF have filed High Court challenges to a judgment which found they could not bypass lender obligations contained in the Credit Code, warning the judgment could subject buy now, pay later schemes to the Code.

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Insurers off hook over coverage for CIMIC Iraq bribery cases
Insurance 2022-07-27 2:02 pm By Sam Matthews

A judge has slashed engineering services firm CIMIC Group’s ten insurance claims in half, finding that the company failed to notify five insurers of a handwritten document dubbed the “Iraq file note” in relation to its claims for coverage of costs arising from allegations it engaged in corrupt practices, including bribing Iraqi officials.

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Honda admits ‘accidentally but repeatedly’ misleading customers
Competition & Consumer Protection 2022-07-26 12:35 pm By Sam Matthews

Honda has admitted to the Australian Competition and Consumer Commission’s claims that it mislead the customers of two former authorised dealerships, but is seeking to avoid pecuniary penalties for the “accidental” misconduct.

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Mineralogy can’t take royalties dispute with Adani to court
Energy & Natural Resources 2022-07-26 2:57 pm By Sam Matthews

Clive Palmer’s mining company Mineralogy has lost a bid to stay an expert determination process in a royalties dispute with Adani, with a judge ruling that the court should not “lightly disregard” decisions to resolve disputes by expert determination rather than court-based litigation.

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Enviro group derails Chinese mining company’s plans for Tasmanian waste site
Environment 2022-07-26 11:27 pm By Sam Matthews

A government-approved plan to build a waste facility in western Tasmania has been parked,  after environmental campaigners won a judgment declaring the federal government’s approval of the proposed tailings storage facility was invalid.

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Penalty in ACCC case against Uber off by more than $20M, judge says
Competition & Consumer Protection 2022-07-25 11:07 pm By Sam Matthews

A judge has slammed a $26 million penalty agreed to by Uber and the ACCC as “not within the range”, saying the impact of the rideshare giant’s misleading conduct appeared to be “trivial”.

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Funder backing multiple cases against Deloitte can’t access docs in Noumi class action
Accounting 2022-07-25 11:35 pm By Sam Matthews

Deloitte has won its bid to keep confidential documents away from the funder backing a consolidated shareholder class against food company Noumi which alleges the auditor was complicit in misleading the market.

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New competition class actions in the works against Apple, Google
Competition & Consumer Protection 2022-07-22 9:10 pm By Sam Matthews

Another law firm is planning competition class actions against Apple and Google over their app stores, just over a month after Phi Finney McDonald filed group proceedings against the tech giants, setting up a beauty parade that adds a wrinkle to similar cases brought by Epic Games.

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Court refuses admission to would-be solicitor with child exploitation convictions
Business of Law 2022-07-22 10:37 pm By Sam Matthews

An appeals court has found that a hopeful solicitor and self-described pornography addict is not suitable for admission to the roll, in light of several child exploitation convictions for possessing images and videos that “fell within the worst categories of such material.”

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Crypto class action can’t have ‘luxury of litigating’ without costs, judge says
Class Actions 2022-07-21 1:03 pm By Sam Matthews

A judge has ordered the lead applicants in an unfunded class action against the Southport-based issuer of Qoin to cough up $750,000 in security, despite hearing submissions that the costs order would kill the case.

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