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NAB ordered to pay ‘woefully insufficient’ penalty in ASIC fee case
Financial Services 2023-09-22 10:02 am By Cindy Cameronne

A judge has ordered National Australia Bank to pay just one-fifth the $10 million penalty proposed by ASIC for overcharging customer fees, taking aim at the regulator’s concise pleading and saying the maximum penalty he could order was “woefully inadequate”.

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Judge approves $6.88M CFO in $25M Fonterra class action settlement
Class Actions 2023-09-21 11:56 pm By Cat Fredenburgh

A judge has approved a common fund order awarding $6.88 million to the funder behind a class action against Fonterra that settled for $25 million, opting not to wait for a much-anticipated appeals court ruling on the power to make CFOs at settlement.

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In loss for Clayton Utz, court finds no power to undertake assessment of $1.5M bill
Business of Law 2023-09-19 3:47 pm By Cindy Cameronne

Clayton Utz has lost its appeal of a costs assessment in a contractual dispute for which it billed $1.46 million in legal fees, allegedly five times more than the other parties’ legal bill.

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Serious harm question won’t be heard first in defamation case over ‘cyberslaves’ doco
Defamation 2023-09-19 2:40 pm By Sam Matthews

The publishers of The Australian and Al Jazeera have failed to persuade a judge to hold a preliminary hearing on the question of whether the nephew of the former prime minister of Cambodia suffered serious harm as a result of publications he says painted him as a criminal.

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Compensation for Privacy Act breaches requires class members to prove loss: judge
Privacy & Cybersecurity 2023-09-18 4:35 pm By Sam Matthews

Victims of privacy breaches must demonstrate actual loss and damage to be eligible for compensation, according to a judge who has given asylum seekers who secured a ruling from the Privacy Commissioner a second chance at proving loss from the public disclosure of their personal information.

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Winner of J&J class action settlement gig beats back challenger
Class Actions 2023-09-15 11:22 pm By Cindy Cameronne

The runner-up in a contest to administer Johnson & Johnson’s $300 million settlement of two pelvic mesh class actions has lost a challenge to a decision awarding the prize to the team of Slater & Gordon, BDO and the firm of former Shine Lawyers solicitor Jan Saddler.

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Mount Pleasant mine engineers can’t shield legal advice on loss in $270M feud
Energy & Natural Resources 2023-09-14 1:17 pm By Cindy Cameronne

Engineering firms G&S Engineering and DRA Global have lost their bid to shield legal advice by McCullough Robertson on whether they were liable to MACH Energy for indirect losses while building a coal processing plant at Mount Pleasant in South Australia.

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Melbourne school must pay $565K for failing to address antisemitic bullying
Human Rights 2023-09-14 3:12 pm By Cindy Cameronne

A group of former Jewish and Israeli students at Brighton Secondary College have won hundreds of thousands of dollars in compensation and an apology from the Victorian government after a judge found the school principal failed to address racially-charged bullying and hundreds of cases of swastika graffiti.

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Lawyer’s defamation case fails serious harm test, judge finds
Defamation 2023-09-13 4:24 pm By Cindy Cameronne

A judge has dismissed a Sydney lawyer’s defamation case over an AI-generated story that accused her of trying to defraud $16,000 from David Jones, saying she had admitted to deceitful acts and had not suffered serious harm. 

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Zip offered Firstmac $4M to settle trade mark suit
Intellectual Property 2023-09-13 1:52 pm By Cindy Cameronne

Buy now, pay later company Zip Co offered $4 million to settle a lawsuit by mortgage provider Firstmac alleging infringement of its ‘Zip’ trade mark which it ultimately defeated.

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