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ASIC, NAB clash over $10M penalty exposes ‘vague status’ of concise claims, judge says
Financial Services 2023-06-06 3:53 pm By Sam Matthews

NAB has told a court it should pay a $2 million penalty — not the $10 million proposed by ASIC  — for engaging in unconscionable conduct by overcharging customers, saying the exact words used in the regulator’s concise statement accuse it only of a single contravention.

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Law firm served with class action over employee’s fraud
Class Actions 2023-06-06 11:08 pm By Sam Matthews

A law firm in regional New South Wales has been hit with a class action seeking to hold it liable for the alleged fraud of a former employee who was sentenced to a term of imprisonment for fraud offences in 2021.

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Restaurant chain Fogo Brazilia, law practice face franchisee class action
Class Actions 2023-06-06 3:50 pm By Cindy Cameronne

Restaurant chain Fogo Brazilia is facing a class action alleging it misled franchisees about the profitability of its businesses, with business owners also making claims against an employment law practice that drafted the franchise agreements.

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Bubs Australia sued by founder, ex-chairman after board spill
Employment 2023-06-06 1:43 pm By Cindy Cameronne

Two directors who were ousted from Bubs Australia and have mounted a challenge to its new leadership have filed proceedings against the infant formula company for breach of workplace rights.

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Insurers on hook for combustible cladding claims against builder LU Simon
Insurance 2023-06-06 3:14 pm By Cindy Cameronne

A judge has found insurers must cover claims against builder LU Simon Builders over alleged combustible cladding in Melbourne’s Atlantis Towers after a judge found the owners were “obvious candidates” to bring legal action.

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Court action launched over Tanya Plibersek’s ‘irrational’ coal mine approvals
Energy & Natural Resources 2023-06-06 12:29 pm By Gareth Baker

Climate justice groups have launched a challenge to federal environment minister Tanya Plibersek’s decision to expand two proposed mega coal mines in NSW, arguing her refusal to accept the scientific evidence of climate risk was irrational and unlawful. 

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Dell admits duping customers about price of add-on monitors, says sorry
Competition & Consumer Protection 2023-06-06 3:14 pm By Gareth Baker

Dell Australia has apologised to consumers and admitted misleading those who purchased add-on computer monitors by inflating the pre-discount price, sometimes to more than the product’s normal retail value.

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Clifford Chance lures competition partner from Clayton Utz
People In The News 2023-06-06 4:29 pm By Gareth Baker

Clifford Chance has added former Clayton Utz competition and consumer law partner Elizabeth Richmond to the firm’s global antitrust team in Sydney.

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Coles, Woolworths ‘can’t hide behind’ poor records, court told as underpayments trial kicks off
Trials 2023-06-05 5:56 pm By Cindy Cameronne

On the first day of trial in parallel class actions and regulatory proceedings, the Fair Work Ombudsman panned the payment systems adopted by Woolworths and Coles for salaried managers, saying they were “entirely foreign” to the industrial award and that the supermarket giants had “no meaningful proper records” for overtime. 

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Insignia broke promise to hire PwC to review model portfolio: trial
Trials 2023-06-05 11:31 pm By Sam Matthews

Despite assurances, wealth manager Insignia Financial did not engage PricewaterhouseCoopers to review the performance of its ‘Buy Model” investment portfolio after an equities analyst complained it had been overstated, a court overseeing a shareholder class action trial has been told.

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