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Westpac cops $10M fine in personal advice case, but doesn’t say sorry
Financial Services 2021-08-23 4:16 pm By Cindy Cameronne

Two Westpac units have been hit with $10.5 million in fines for providing personal financial advice during a superannuation rollover campaign, with a barrister for ASIC noting the bank had not apologised or expressed regret for the conduct.

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NAB super class action must cover bases with group members after landmark ruling
Class Actions 2021-08-23 2:57 pm By Miklos Bolza

The applicant in a Federal Court class action against NAB superannuation trustee NULIS has been ordered to find a sample group member in light of a landmark Victoria Supreme Court ruling that found the plaintiff in a similar class action could not establish any loss.

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Bar Association defends judges’ impartiality in face of ‘misleading’ bias analysis
Business of Law 2021-08-23 4:05 pm By Bianca Hrovat

The Australian Bar Association has criticised “flawed” methodology used to analyse the competency of judges, weighing in on controversy over the Australian Law Reform Commission’s handling of a submission to its judicial impartiality inquiry.

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‘Completely off the track’: Judge got it wrong in deep sleep therapy case, Full Court told
Appeals 2021-08-23 9:17 pm By Christine Caulfield

A judge who dismissed a defamation case against HarperCollins by two psychiatrists who administered the controversial deep sleep therapy at Chelmsford Private Hospital in the 1970s was criticised Monday for her ‘presumptuous cynicism’.

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Telegraph says art dealer’s ‘misrepresentation’ invalidates $50K settlement deal in defamation case
Defamation 2021-08-23 2:35 pm By Christine Caulfield

A $50,000 settlement agreement between Nationwide News and an art collector who alleged he was defamed by a Sunday Telegraph article was invalid because the dealer lied to the publisher, a court has been told.

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ATO wins appeal in Crown Resorts battle over GST on high roller junkets
Tax 2021-08-20 10:45 pm By Cat Fredenburgh

The Full Court has thrown out a victory by Crown Resorts in a $100 million dispute over GST assessments on commissions and rebates paid to tour operators that directed international VIP gamblers to two of its casinos.

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Judge scolds Linchpin liquidators for ‘unsatisfactory’ conduct in class action
Class Actions 2021-08-20 4:31 pm By Miklos Bolza

A judge has criticised the liquidators of collapsed financial group Linchpin Capital after they failed to inform the court whether they intend to defend class action proceedings or if default judgment should be made against the company.

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Judge sets course to avoid ‘Brobdingnagian’ trial in PFAS class actions
Class Actions 2021-08-20 5:31 pm By Miklos Bolza

With mediation failing to resolve an expansive class action against the federal government over its use of allegedly toxic firefighting foam, a judge has charted a plan to avoid a “Brobdingnagian” trial and efficiently determine the claims of group members around eight military bases across Australia.

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‘Just a hope and a dream’: Judge threatens to toss ex-Linchpin director’s appeal of ASIC ban
Financial Services 2021-08-20 4:51 pm By Cindy Cameronne

A judge has blasted an ex-Linchpin director’s delay in appealing a five-year disqualification ordered by ASIC and threatened to dismiss the appeal after he failed to comply with court orders.

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Apple says Epic Games case should be stayed in light of ‘imminent’ US judgment
Competition & Consumer Protection 2021-08-20 3:50 pm By Cat Fredenburgh

Apple has told a judge a high-stakes competition lawsuit by Fornite game maker Epic Games should be temporarily stayed in light of a special leave application lodged with the High Court and an ‘imminent’ judgment from a US court.

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