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In class action defence, Tyro says businesses should have accepted cash during EFTPOS outage
Class Actions 2022-02-01 9:58 pm By Sam Matthews

Fintech Tyro has hit back at a class action brought on behalf of retailers who were unable to process payments because of a days-long terminal outage, arguing they should have accepted cash while their EFTPOS machines were down.

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AMP unit settles retired planner’s suit over $1M buyout deal
Financial Services 2022-02-01 2:05 pm By Cat Fredenburgh

A subsidiary of AMP has settled a retired financial planner’s lawsuit accusing the company of using “unfair tactics” to avoid coughing up close to a million dollars owed under a buyout option exercised in November 2019.

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Astora Health says $27M best bet for class action members, warns of ‘financial difficulties’
Class Actions 2022-02-01 12:50 pm By Cat Fredenburgh

Astora Women’s Health says group members should accept an open $27 million settlement offer in a class action over its allegedly defective pelvic mesh devices, warning that “financial difficulties” may prevent it from meeting any judgment if the case succeeds at trial.

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Ugg owner wins IP case against Aussie shoe retailer
Intellectual Property 2022-02-01 6:11 pm By Bianca Hrovat

The maker of Ugg footwear has successfully opposed an application by an Australian shoe seller to register a trade mark containing the word ‘ugg’, but a delegate has warned the company it does not have an exclusive right to the descriptive word.

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ACCC probes RAT suppliers’ claims of government seizures
COVID-19 2022-02-01 1:18 pm By Sam Matthews

The Australian Competition and Consumer Commission is investigating claims by suppliers that government bodies have diverted supplies of COVID-19 rapid antigen tests, as the regulator continues its crackdown on reported price gouging amid a test shortage.

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In ME Bank case, ASIC argues clock doesn’t run on serious corporate crime
White Collar 2022-01-31 7:44 pm By Bianca Hrovat

The Australian Securities and Investments Commission is challenging a ruling that threw out half the criminal charges against direct bank Members Equity, arguing the statute of limitations doesn’t apply to serious corporate misconduct.

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BHP’s vaccination policy at Queensland coal mines found to be lawful
COVID-19 2022-01-31 7:01 pm By Christine Caulfield

BHP’s policy requiring Queensland workers to be vaccinated against COVID-19 and show proof of the jab has withstood a challenge from mining unions that claimed the rule was unreasonable and breached the Privacy Act.

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One time Liberal powerbroker says Nine using journalist privilege to ‘block him at every opportunity’
Defamation 2022-01-31 9:30 pm By Bianca Hrovat

Former Liberal power broker Marcus Bastiaan has accused Nine Entertainment of hiding behind “the cloak of journalistic professional privilege” in refusing to provide documentary evidence concerning the production of an alleged defamatory 60 Minutes report.

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Ashurst recruits financial regulation heavyweight from Clayton Utz
Financial Services 2022-01-31 7:17 pm By Sam Matthews

Ashurst has bolstered the ranks of its financial regulation team with the appointment of long-serving Clayton Utz partner Narelle Smythe, who joins the firm’s team in Sydney.

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‘Black hole’ Cargill, Viterra case from which 4 judges rose nears end, maybe
Trials 2022-01-28 11:54 pm By Cat Fredenburgh

Judgment day has arrived in a legal battle over the $420 million sale of the Joe White malt business so epic four silks on the case were elevated to judgeships during its long run, but losing party Viterra has not ruled out an appeal.

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