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Google fires back at ACCC data collection suit, says it sought ‘explicit consent in plain terms’
Competition & Consumer Protection 2020-09-29 4:51 pm By Miklos Bolza

Google has rejected claims by the ACCC that it tricked consumers into agreeing to expanded collection of their personal data, saying that it instead sought “explicit consent” from users through an “easy-to-understand opt-in consent mechanism”.

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Funder will take loss in $7M QRxPharma class action settlement
Class Actions 2020-09-23 3:04 pm By Miklos Bolza

The funder backing a shareholder class action against the directors of pharmaceutical firm QRxPharma will not seek to profit from a $7 million settlement in order to bring about a better return for group members, a judge has been told.

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Judge sinks discovery hopes in NSW Ports competition case
Competition & Consumer Protection 2020-09-17 6:04 pm By Alison Eveleigh

A maritime development company has had its discovery hopes dashed in its stayed competition lawsuit against NSW Ports, with a judge finding that the company would not suffer any injustice in waiting until the stay is lifted after a similar case brought by the competition regulator is heard.

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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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COVID-19 concerns put ASIC’s Rio Tinto trial at risk
Energy & Natural Resources 2020-09-08 12:20 pm By Miklos Bolza

A seven-week trial in ASIC’s misleading conduct case against Rio Tinto may have to be postponed after two executives of the mining giant raised concerns that COVID-19 could impact their ability to appear as defendants in the case.

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Judge recuses himself from patent spat over Melbourne parking detector
Intellectual Property 2020-08-27 5:56 pm By Miklos Bolza

A  judge has stepped aside from a patent lawsuit brought by tech firm Vehicle Monitoring Systems over a parking system used by the City of Melbourne after finding there may be a “genuine perception” that he could not approach the case with an open mind.

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ASIC won’t take action against Commonwealth Bank over AUSTRAC matter
Financial Services 2020-08-26 11:55 pm By Cat Fredenburgh

The Australian Securities and Investment Commission will not take action against the Commonwealth Bank of Australia or any of its directors of officers in relation to AUSTRAC proceedings the bank agreed to settle for $700 million in 2018.

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Westpac units won’t defend ASIC fees for no service case
Financial Services 2020-08-20 4:56 pm By Miklos Bolza

Two Westpac units have made admissions and said they would not defend proceedings brought by the Australian Securities and Investments Commission over fees charged for services that were not provided to hundreds of financial advice customers.

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Court approves $2.9M penalty against HealthEngine for misleading reviews
Competition & Consumer Protection 2020-08-20 1:20 pm By Miklos Bolza

A court has approved a $2.9 million penalty against medical booking platform HealthEngine after the company admitted to deleting and altering unfavourable reviews and misusing consumer data.

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HealthEngine urges approval of $2.9M fine, says it didn’t know altering reviews was unlawful
Competition & Consumer Protection 2020-08-10 12:05 pm By Miklos Bolza

Health booking company HealthEngine has urged the court to accept a $2.9 million penalty for deleting and altering unfavourable reviews, telling a judge that it did not know the behaviour was against the law.

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