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In ASIC win, Full Court says Qoin issuer not exempt under authorised rep rules
Financial Services 2025-05-30 3:26 pm By Sam Matthews

ASIC has succeeded in overturning a decision that found that Qoin issuer BPS Financial came within the authorised representative exemption with respect to agreements with Australian financial services licence holder PNI.

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‘Massive and irreparable harm’: Qantas faces possible $121M fine for ground crew outsourcing
Employment 2025-05-19 11:31 pm By Cindy Cameronne

Qantas should pay a penalty of the “highest order” for outsourcing its ground crew staff during the COVID pandemic, a union has argued, while a judge has questioned if he needs to send a message that “you can’t play the court for a fool”.

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High Court finds Air Canada did not waive defence in passenger suit over turbulence
High Court 2025-05-14 11:46 pm By Cindy Cameronne

Air Canada did not waive a defence allowing it to cap damages at $240,000 in a claim by several passengers over alleged spinal and psychological injuries caused by turbulence on a 2019 flight, the High Court has ruled. 

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Lack of proof in CBA class actions can’t be ‘laid at bank’s feet’: appeals court
Class Actions 2025-05-08 11:34 pm By Cindy Cameronne

The failure of two class actions to prove loss linked to the Commonwealth Bank’s disclosure breaches was not the fault of the bank, an appeals court has held in dealing the latest blow to shareholder group proceedings. 

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CBA shareholder class actions score partial win on appeal, but no damages
Class Actions 2025-05-07 5:25 pm By Cindy Cameronne

Two class actions against Commonwealth Bank have partially succeeded on appeal, with a finding that the bank breached its continuous disclosure obligations, but damages still elude shareholders.

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High Court to weigh in on relevance of reputation in passing off claims
Intellectual Property 2025-04-04 3:36 pm By Cat Fredenburgh

The High Court will weigh in on the relevance of reputation in passing off claims, taking up an appeal by Bed Bath N’ Table of a finding that rival retailer House did not engage in misleading and deceptive conduct in setting up its Bed & Bath stores.

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ACCC loses High Court appeal in CFMEU boycott case
High Court 2025-04-02 11:57 am By Sam Matthews

In a loss for the ACCC, the High Court has found builder J Hutchinson did not arrive at an anti-competitive understanding with the CFMEU merely by yielding to a threat of industrial action.

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ASIC asks Full Court to stamp out authorised rep ‘mischief’ in Qoin case
Cryptocurrency 2025-03-14 11:03 pm By Sam Matthews

The corporate regulator has asked the Full Court to stamp out avenues for corporate mischief, as it challenges a finding about the authorised representative exemption to the licence requirement of financial services providers.

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Contingency fees are relevant to class action transfer bids, High Court rules
Class Actions 2025-03-12 10:14 am By Christine Caulfield

A group costs order giving class action solicitors a percentage cut of the proceeds of a case is a factor in weighing whether proceedings should be transferred from Victoria to a state in which such an order could not operate, the High Court has ruled.

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High Court to rule on significance, and reach, of Victoria’s contingency fees
Class Actions 2025-03-11 11:00 pm By Christine Caulfield

Are group costs orders a factor in deciding a bid to transfer a class action? Can the orders survive the move to an inhospitable state? These questions are to be decided by the High Court Wednesday, in a ruling that will clarify the relevance and reach of Victoria’s contingency fee regime.

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