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Judge fines NAB $15M, questions ASIC’s ‘introducer’ investigation
Financial Services 2020-10-19 6:01 pm By Miklos Bolza

A judge has slapped National Australia Bank with a $15 million penalty over its scandal-ridden home loan introducer program but slammed ASIC’s investigation into the program, saying there was no “real regulatory desire to pursue a thorough investigation as to what in truth occurred”.

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Clive Palmer accused of ‘burning, notorious’ infringement as Twisted Sister copyright trial kicks off
Intellectual Property 2020-10-19 4:32 pm By Miklos Bolza

Universal Music has accused Clive Palmer of “burning, notorious” copyright infringement by using a rewritten version of Twisted Sister’s smash hit We’re Not Gonna Take It in a series of “grating and annoying” political ads.

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ACCC alleges crane company entered cartel agreement with competitor
Competition & Consumer Protection 2020-10-19 4:13 pm By Cat Fredenburgh

Making good on its promise to crack down on anti-competitive conduct in the commercial construction sector, the ACCC has initiated proceedings against NQ Cranes alleging the crane company entered an agreement with a competitor to divvy up the market for overhead crane parts and servicing in Brisbane and Newcastle.

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Western Australia hit with stolen wages class action
Class Actions 2020-10-19 11:51 am By Cat Fredenburgh

The state of Western Australia is facing a class action by Indigenous workers seeking to recover stolen wages, after a historic $190 million settlement was reached last year in a stolen wages class action against the state of Queensland.

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Flexigroup tries again to overcome Zip opposition to ‘no interest’ trade mark
Intellectual Property 2020-10-19 9:46 am By Cat Fredenburgh

Fintech Flexigroup has appealed rival Zip Co’s successful opposition to its ‘No Interest Ever!’ trade mark, which an IP Australia delegate found was a laudatory phrase incapable of distinguishing the goods of a single trader.

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Victoria keeps options open in High Court lockdown challenge
COVID-19 2020-10-16 6:29 pm By Miklos Bolza

The Victorian government has not decided how it will respond to a constitutional challenge brought in the High Court against the state’s COVID-19 lockdown measures, and has been given just four more days to make its move. 

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Judge backs ASIC plan to ban OTC binary options as issuers hit with $75M penalty
Financial Services 2020-10-16 4:52 pm By Christine Caulfield

Over-the-counter derivative issuers AGM Markets, OT Markets and Oxifin Tech have been ordered to pay a total of $75 million in penalties after a ruling that they engaged in unconscionable conduct causing losses of over $30 million to unsophisticated investors seeking what a judge called “financial heroin hits”.

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Chubb wouldn’t want survival of Opal Tower concrete specialist on conscience, judge says
Insurance 2020-10-16 2:39 pm By Miklos Bolza

The chief judge of the Federal Court has told Chubb Insurance to consider whether it wants to be held responsible for the commercial viability of Evolution Precast Systems, which has been denied coverage over the ill-fated Opal Tower and faces myriad legal claims.

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Daily Mail ‘set up’ sports journalist Erin Molan and sparked public firestorm, court hears
Defamation 2020-10-16 12:42 pm By Miklos Bolza

The Daily Mail’s concerted campaign against Erin Molan was a set-up that damaged her reputation and sparked a public “firestorm” against the Nine sports reporter, the Federal Court has heard.

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Litigation funder a ‘stranger’ in S&P class action, not entitled to docs, judge says
Class Actions 2020-10-16 12:21 pm By Christine Caulfield

The litigation funder embroiled in a contractual dispute with a lead applicant in a class action against S&P Global is a stranger to the proceeding and has no right to demand to be served an application to pause the case pending the outcome of the contract spat, a judge has said.

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