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On The Run underpayments class action settles for $5.8M
Class Actions 2022-08-29 5:32 pm By Cat Fredenburgh

The entity that employs the workforce of the On The Run convenience store chain has agreed to pay $5.8 million to settle a class action accusing it of underpaying over 8,000 workers over a six-year period.

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‘No real contrition’: ASIC seeks $17.5M penalty against AMP in fees for no service case
Financial Services 2022-08-29 9:00 pm By Sam Matthews

ASIC has told a judge AMP should face a $17.5 million penalty for deducting $356,000 from customers’ superannuation accounts for advice they never received, saying the wealth manager had shown “no real contrition” for its conduct.

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MobiSuper, ZIB Financial fined $250,000 for ‘misleading’ superannuation marketing
Financial Services 2022-08-29 6:16 pm By Sam Matthews

A judge has fined superannuation fund promoter MobiSuper and licensee ZIB Financial $250,000 for misleading marketing calls.

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Victoria can’t quash hotel quarantine class action
COVID-19 2022-08-26 10:51 pm By Cat Fredenburgh

The state of Victoria can’t duck class action claims that failures in its hotel quarantine program caused businesses to suffer losses when stage three and four restrictions were put in place during the state’s second wave of COVID-19 cases in 2020.

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Mawhinney slammed for taking lawyers’ reputation ‘hostage’ in ASIC appeal
Financial Services 2022-08-26 11:50 pm By Sam Matthews

The former legal representatives of James Mawhinney have hit back at allegations of incompetence by the embattled Mayfair 101 founder on the last day of his appeal against decisions that saw him banned from soliciting funds or promoting any financial product for 20 years.

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‘Alarming consequences’ if each building warranty breach creates new claim, court says
Construction 2022-08-26 11:27 pm By Sam Matthews

A judge has ruled that separate breaches of statutory building warranties do not create individual causes of action, in a win for an owners corporation bringing claims against the builder of an allegedly defective Haymarket apartment building.

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Inchcape keeps up fight with Chubb over coverage for ransomware attack losses
Appeals 2022-08-26 11:12 pm By Cat Fredenburgh

UK automotive distributor Inchcape has challenged a judgment that put insurer Chubb on the hook for some but not all of the financial losses stemming from a cyberattack that allegedly caused $4 million in loss.

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Judge slams Domino’s for obstructionism in underpayments class action
Class Actions 2022-08-25 11:51 pm By Cat Fredenburgh

A judge has blasted Domino’s for its obstructionism in an underpayments class action and promised to order the pizza franchise giant to hand over information on its stores to facilitate settlement.

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Cricket Australia plays COVID card in Seven contract dispute
Contracts 2022-08-25 2:43 pm By Sam Matthews

Cricket Australia says the COVID-19 pandemic was a force majeure event under its broadcast agreement with the Seven Network, which has sued the sporting governing body over alleged breaches of the deal.

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Class action against Westpac says bank’s discovery not up to Worley standard
Class Actions 2022-08-24 11:17 pm By Christine Caulfield

Westpac and the lead applicant in a class action filed in the wake of AUSTRAC proceedings are still battling it out over discovery of evidence three years into the case. And the applicant claims the bank’s discovery protocol fails the new test set by the Full Federal Court earlier this year.

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