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Mercer Financial hit with $12M penalty for fees-for-no-service conduct
Financial Services 2023-11-23 3:13 pm By Sam Matthews

A judge has ordered wealth manager Mercer Financial Advice to pay a $12 million penalty for “extremely serious” fees-for-no-service conduct and breaches of its fee disclosure obligations, in a case brought by the Australian Securities and Investments Commission. In the case, filed in June last year,  ASIC alleged that Mercer charged 761 customers a total…

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‘Pandemic has passed’: FWC finds employees can be forced back to office
Employment 2023-11-21 4:21 pm By Cat Fredenburgh

The Fair Work Commission has found that a salary packaging provider had “reasonable business grounds” to force workers back to the office, rejecting an employee’s bid to work full-time from home. 

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‘Harry is not Barry’: McDonald’s loses trade mark case against Hungry Jack’s
Intellectual Property 2023-11-16 9:50 am By Cat Fredenburgh

A judge has rejected McDonald’s claim that Hungry Jack’s Big Jack burger infringed its Big Mac trade mark, but found that Hungry Jack’s misled consumers by boasting that its burger had 25 per cent more beef.

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Qantas found guilty of COVID-19 workplace safety breach
Employment 2023-11-16 11:23 am By Cat Fredenburgh

Qantas has been found guilty of a safety violation for standing down a worker who raised concerns about unsafe work conditions during the early days of the coronavirus pandemic.

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Judge doubts power to order irrelevant docs be produced in aged care class actions
Class Actions 2023-11-13 10:57 pm By Cat Fredenburgh

A judge has upheld a ruling that rejected a bid by two class actions against Victorian aged care providers for insurance and financial information, finding the court likely does not have the power to order the production of documents that are not relevant to the proceeding.

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Grocon’s system for identifying privileged docs ‘far from reliable’: judge
Construction 2023-11-13 8:03 am By Sam Matthews

Grocon has taken another hit in its $270 million lawsuit against Infrastructure NSW over a stalled $2 billion Central Barangaroo development project, with a judge rejecting its claim of privilege over more than 15,000 documents.

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Class action firm may seek compensation for unlawful immigration detention
Human Rights 2023-11-10 9:05 pm By Cat Fredenburgh

A leading class action firm may seek compensation for those who were illegally detained after the High Court ruled that Australia’s system of holding individuals indefinitely in immigration detention is unlawful.

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‘Improper and delinquent’: Lawyer personally hit with costs of ‘doomed’ case
Legal Ethics 2023-11-09 1:30 pm By Sam Matthews

A Sydney lawyer has been ordered to pay the costs of a property dispute after a judge found his conduct meant the case was “doomed to fail” and caused the costs of the litigation to be wasted.

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Court rejects human rights group’s bid to repatriate Aussies detained in Syria
Human Rights 2023-11-03 12:13 pm By Cindy Cameronne

A human rights group has lost its legal bid to compel the federal government to bring home Australians stuck in Syrian camps, with a a judge finding the Minister for Home Affairs has “no control” over their detention.

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Santos blocked from starting work on $5.6B Barossa gas project
Energy & Natural Resources 2023-11-02 1:05 pm By Cindy Cameronne

Tiwi Islanders have won an eleventh hour bid to halt all work on Santos’ Barossa gas export pipeline for one week, with a judge finding construction could cause “irreparable damage” to underwater cultural heritage.

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