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CBA defeats ‘misconceived’ ASIC conflicted remuneration case
The Australian Securities and Investments Commission has suffered a defeat in proceedings alleging the Commonwealth Bank of Australia accepted conflicted remuneration through the sale of its Essential Super product, with a judge finding the regulator "ignored the circumstances" in which the product was distributed.
‘I have no faith in your time records’: Class action firm ticks off judge
A judge who slashed the fees of a law firm that reached a $1.55 million settlement in two class actions against supermarket chain Romeo's has expressed her "annoyance" at the firm's attempt to tender time records to justify the bill.
Dick Smith execs ask High Court to toss case over final dividend
Two former executives of defunct electronics retailer Dick Smith have asked the High Court to hear their challenge to a $11.8 million damages award for approving a dividend payment the company could not afford.
Virgin class action to appeal ‘nonsensical’ indemnity ruling
The applicant in an investor class action against Virgin Australia plans to appeal a judge’s decision requiring litigation funder Balance Legal Capital UK to give the airline an indemnity in order to bring the proceedings, saying the indemnity “substantially changes the risk calculus" for group members.
Judge mulls contradictor in $105M Boston Scientific class action settlement despite no red flags
The judge overseeing a class action against US medical device maker Boston Scientific is considering appointing a contradictor to look over the $105 million settlement reached in the case, despite seeing no obvious obstacle to approving the deal.
Santos appeals ruling pausing $4.7B offshore drilling project
Santos has filed an appeal after Tiwi Islanders won a Federal Court challenge to a $4.7 billion Barossa offshore gas project, with a judge finding they were not properly consulted about the project, which they say would harm their culture and way of life.
Clive Palmer’s injunction bid premature in $30B spat over Pilbara iron ore mine, court says
A judge overseeing mining magnate Clive Palmer’s latest spat with the West Australian government has declined to issue an injunction preventing the state from enforcing liabilities against Palmer’s companies Mineralogy and International Minerals under the controversial ‘Palmer Act’.
Pelvic mesh class action halted after Astora files for bankruptcy in US
A judge has paused a class action on behalf of 6,000 women allegedly injured by defective pelvic mesh devices pending determination of an application by Astora Health for a stay of the proceedings following its bankruptcy filing.
J Hutchinson, CFMMEU appeal $1.35M fine over construction boycott
J Hutchinson and the CFMEU have appealed a judgment slapping them with a combined $1.35 million penalty for agreeing to boycott an independent subcontractor at a Brisbane construction site.
In latest scathing reversal, judge gets overturned for ‘illogical’ finding against worker
The Federal Court has overturned the ex-tempore ruling of a judge who has been taken to task in strongly-worded appeals court decisions on numerous occasions, saying his latest findings were flawed and illogical.