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ASIC sues Mercer Financial over fees for no service conduct
Financial Services 2022-06-30 12:10 pm By Sam Matthews

ASIC has brought court proceedings against wealth manager Mercer Financial Advice, alleging the company charged fees for services it did not provide and made false and misleading representations to thousands of customers.

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Defendants rail against pleadings in 5-year-old Lane Cove Tunnel dispute
Construction 2022-06-30 9:37 pm By Sam Matthews

A judge has indicated he will allow the operator of Sydney’s Lane Cove Tunnel to amend its pleadings in a lawsuit against Thiess, John Holland and CIMIC over alleged defects in the construction of the billion-dollar tunnel.

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Court finds sessional academic lecturer an employee, not a contractor
Employment 2022-06-30 5:14 pm By Cindy Cameronne

In its first decision applying a landmark High Court judgment redefining the test for when a worker is employed, the Federal Court has found a sessional lecturer for a higher education institution was an employee.

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Stock Swami flies to Sydney for cross on ‘deficient’ discovery in Kumova trial
Trials 2022-06-29 1:34 pm By Cindy Cameronne

The man behind the Stock Swami Twitter account is flying to Sydney for cross-examination after a judge halted a trial in mining investor Tolga Kumova’s defamation case, saying he had “no confidence whatsoever” the Twitter user complied with discovery obligations.

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Origin hit with $17M penalty for disconnecting vulnerable customers
Competition & Consumer Protection 2022-06-29 10:47 pm By Cat Fredenburgh

Origin Energy has been hit with a record $17 million penalty for violating its obligation to protect financially vulnerable customers, including by disconnecting the services of some who were on a payment plan.

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William Inglis & Son waived privilege over Norton Rose Fulbright emails in land spat
Real Estate 2022-06-28 4:54 pm By Sam Matthews

Australia’s oldest thoroughbred auctioneer William Inglis & Son waived legal professional privilege over advice from its solicitor Norton Rose Fulbright over contamination of land it bought in 2009, a judge has found.

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Judge to rush trial in Tiwi Islanders challenge to Santos offshore drill plan
Energy & Natural Resources 2022-06-29 2:29 pm By Sam Matthews

Tiwi islanders in a Federal Court challenge to the Barossa offshore gas project have won an expedited trial, but the case won’t be heard before drilling starts in mid-July.

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‘You get him in the witness box’: Kumova trial on hold after judge questions Stock Swami’s discovery
Defamation 2022-06-28 9:25 pm By Cindy Cameronne

A judge has halted a defamation trial in a case brought by mining investor Tolga Kumova after saying he had “no confidence whatsoever” that the owner of Twitter account Stock Swami complied with discovery obligations.

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ASIC can’t access PwC report at centre of privilege fight with Terracom
Energy & Natural Resources 2022-06-28 11:10 pm By Christine Caulfield

A judge has rejected a bid by the corporate regulator to access an unredacted PricewaterhouseCoopers report commissioned by coal miner TerraCom ahead of a challenge to a decision that cleared the way for the regulator to eye the document as part of an investigation.

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ACCC goes after Ultra Tune again, this time for contempt of court
Competition & Consumer Protection 2022-06-28 5:27 pm By Christine Caulfield

Ultra Tune is facing contempt of court proceedings for allegedly breaching a judge’s orders and failing to meet the requirements of a court-ordered compliance program, instituted after the company copped a $2 million fine for contravening its disclosure obligations to franchisees.

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