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NAB units ordered to pay $57.5M in ASIC fees for no service case
Financial Services 2020-09-11 11:28 pm By Cat Fredenburgh

The Australian Securities and and Investments Commission has won a $57.5 million judgment against two units of National Australia Bank for making misleading representations to superannuation customers regarding $100 million in fees charged for services they never received, far short of the $125 million sought by the corporate regulator.

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High Court won’t hear appeal in defamation case over Facebook comments
Defamation 2020-09-10 6:11 pm By Christine Caulfield

The High Court has rejected an appeal challenging a ruling that found a failed political candidate liable for defamatory responses made by readers of two Facebook posts he published that labelled a South Australian businessman greedy and selfish, but the court has left the door open to weigh in on the issue of secondary publication of social media comments.

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Crown scores win in fight with ATO over $100M in GST on high roller junkets
Tax 2020-09-10 3:55 pm By Miklos Bolza

Two casinos owned by Crown Resorts have been handed a Federal Court victory in their $100 million battle with the Australian Taxation Office, with a judge ruling that GST assessments made by the ATO were “excessive”.

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GetSwift judge won’t disqualify himself from class action
Class Actions 2020-09-09 6:42 pm By Miklos Bolza

The judge overseeing a class action against GetSwift has refused to disqualify himself from the proceedings, rejecting claims that he could not be seen to approach the case with an “impartial mind” and taking a passing shot at the logistics company’s use of the Americanism “recuse” in its application.

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CBA exec warns class actions could deter top talent from boardrooms
Financial Services 2020-09-08 4:52 pm By Miklos Bolza

A high ranking executive from the Commonwealth Bank of Australia has warned that an increase in class actions could discourage Australia’s best corporate leaders from joining company boards.

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GetSwift relocation bid heightens class action concerns, law firm says
Securities 2020-09-08 1:55 pm By Miklos Bolza

A recent announcement by logistics tech provider GetSwift that it will be relocating to Canada has heightened concerns by the lawyers running a shareholder class action against the company that it might not be able to meet any orders for compensation to group members.

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ACCC turns up heat on Google, Apple with app store inquiry
Competition & Consumer Protection 2020-09-08 1:41 pm By Alison Eveleigh

App stores have become the latest battleground in the the Australian Competition and Consumer Commission’s investigation into digital platforms, with the regulator promising to look at  data sharing practices, pricing and competition between Google and Apple, the two biggest players in the market.

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Judge calls for legislative reforms as appeals court transfers Uber class action
Class Actions 2020-09-08 11:34 am By Alison Eveleigh

An appeals court has dealt with complex jurisdiction and limitations issues in transferring one of three class actions against ride sharing giant Uber to another court, with one of the judges saying legislative reforms were needed to deal with the issues.

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IOOF unit can’t stop ASIC from using royal commission evidence
Financial Services 2020-09-07 6:37 pm By Miklos Bolza

An IOOF subsidiary sued over “bad advice” has failed in its bid to stop ASIC from using documents from the banking royal commission as evidence in the case, with a judge saying the company had already provided the material to the financial watchdog without objection.

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Merck Sharpe & Dohme sues Lupin over Januvia patent
Intellectual Property 2020-09-07 2:44 pm By Cat Fredenburgh

US pharmaceutical giant Merck Sharp & Dohme has taken a unit of Indian generic manufacturer Lupin to court for allegedly threatening to infringe the patent for its multibillion-dollar diabetes drugs Januvia and Janumet.

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