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Ex-Tennis Australia director Harold Mitchell must pay $90,000 in ASIC case
ASIC 2020-11-04 12:47 pm By Miklos Bolza

The Federal Court has ordered former Tennis Australia director Harold Mitchell to pay a $90,000 penalty after a “narrow” win for ASIC in its case over the domestic broadcast rights to the Australian Open.

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Trivago loses appeal of ruling it misled consumers over hotel listings
Competition & Consumer Protection 2020-11-04 12:04 pm By Christine Caulfield

Hotel booking aggregator Trivago has lost its challenge to a court ruling that it misled consumers over its ranking of travel accommodation, in what the consumer regulator hailed as a win for consumers and a warning to comparison sites.

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ANZ looks to shut down rate-rigging whistleblower’s lawsuit
Employment 2020-11-03 10:31 pm By Spencer Fowler Steen

ANZ is gunning for a lawsuit alleging it dismissed a former director of trading after he complained about rate-rigging to be thrown out before trial.

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COVID-19 eviction moratorium doesn’t apply to lease breach unrelated to rent, court finds
COVID-19 2020-11-03 5:08 pm By Miklos Bolza

Two Sydney-based companies have lost a bid to reinstate their commercial lease, with a judge rejecting submissions that the COVID-19 moratorium on evictions applied to rental agreement breaches that did not relate to rent. In a judgment delivered on October 28, NSW Supreme Court Justice Geoff Lindsay rejected an interlocutory application by First Renewable and…

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Cigno, BHF say they did not need a licence for payday loans
Financial Services 2020-11-03 3:41 pm By Miklos Bolza

Facing an ASIC enforcement action over alleged breaches of Australian credit laws, payday lenders BHF Solutions and Cigno claim they did not need a licence to issue loans to hundreds of thousands of consumers.

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Citing dangers of ‘hypothetical postulation’, Full Court declines to answer common fund order question
Class Actions 2020-11-03 3:25 pm By Miklos Bolza

The Full Court Federal Court has declined to answer a question posed by 7-Eleven as to whether common fund orders can be made on settlement or judgment in a class action, saying the issue should be dealt with on facts, not assumptions. In a judgment handed down on Tuesday, the Full Court dismissed 7-Eleven’s bid…

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Lawyer Alex Elliott ‘didn’t know any better’, Banksia class action trial hears
Class Actions 2020-11-02 10:36 pm By Christine Caulfield

The son of Banksia class action funder Mark Elliott, who has been accused of complicity in a fraudulent scheme to maximise the profits of the lawyers in the case, was young and inexperienced and didn’t know his father’s conduct was wrong, his barrister has told a court.

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Super fund REST reaches ‘groundbreaking’ settlement in lawsuit over climate disclosures
Environment 2020-11-02 9:22 pm By Miklos Bolza

Retail Employees Superannuation has settled a lawsuit brought by an ecological landscaper and activist over its climate change disclosures, acknowledging the need to identify the risks of climate change.

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Newspapers seek ‘deeply personal’ documents about Ben Roberts-Smith’s alleged affair
Defamation 2020-11-02 4:40 pm By Miklos Bolza

Lawyers from three newspapers being sued by war veteran Ben Roberts-Smith for defamation are seeking sensitive documents alleged to show the former soldier asked his wife to lie about an affair.

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‘Urgent action had to be taken’: Court tosses challenge to Victoria’s COVID-19 curfew
COVID-19 2020-11-02 2:18 pm By Miklos Bolza

The Victoria Supreme Court has dismissed a lawsuit by restaurant owner and Liberal member Michelle Loielo challenging the validity of the Victoria government’s now dropped COVID-19 curfew, with a judge finding that the measure was legal and “proportionate to the purpose of protecting public health”.

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