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Lorna Jane says it believed activewear would protect users from COVID-19
COVID-19 2021-03-15 4:40 pm By Cindy Cameronne

Women’s activewear company Lorna Jane has defended ACCC allegations that it represented to consumers during that height of the coronavirus pandemic that its activewear would protect them from viruses including COVID-19, saying it had a reasonable and proper basis for making the claims. 

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‘Bit of a stretch’: Judge looks dimly on Squirrel’s defence in ASIC case
Financial Services 2021-03-12 4:30 pm By Cindy Cameronne

A judge has questioned fintech company Squirrel Super’s defence in ASIC’s case alleging it made false and misleading statements about returns on property investments, saying it “looked like a bit of a stretch” at first glance.

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CBA says ‘non-existent’ chance it will make admissions in ASIC’s conflicted remuneration case
Financial Services 2021-03-11 7:27 pm By Cindy Cameronne

The Commonwealth Bank of Australia has told a judge there’s no chance it will admit to ASIC’s allegations that it accepted conflicted remuneration through the sale of its Essential Super product, likening the matter to ASIC’s failed ‘Wagyu and shiraz’ case against Westpac.

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‘Insureds are not only risks; they are people’: Judge slams TAL’s treatment of cancer patient’s claim
Chief Justice James Allsop 2021-03-10 10:28 pm By Cindy Cameronne

In another victory for ASIC in a case stemming from the banking royal commission, a judge has ruled that TAL Life Limited breached the Insurance Contracts Act after denying coverage to a cancer patient and threatening to recover $24,000 it had already paid to her.

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Can artificial intelligence be named inventor of a patent? Federal Court to rule
Intellectual Property 2021-03-10 5:48 pm By Miklos Bolza

The Federal Court is set to determine whether artificial intelligence can be the inventor of a patent, after an AI pioneer filed a challenge to an IP Australia finding that allowing a machine to be considered an inventor would render the Patents Act incapable of “sensible operation”.

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ATO wins High Court appeal against Travelex over mistaken $149,000 tax surplus
Tax 2021-03-10 3:45 pm By Miklos Bolza

The High Court has ruled that the tax office was not obliged to refund money for tax surpluses mistakenly issued under the GST Act, in a long-running legal dispute between the Commissioner of Taxation and foreign currency exchange Travelex.

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ACCC takes swipe at Visa over interchange fees on debit card payments
Competition & Consumer Protection 2021-03-10 1:25 pm By Christine Caulfield

The ACCC has secured a court-enforceable agreement from Visa that it will not tie cheap interchange rates for large retailers to their use of the Visa network for processing debit card payments, after the regulator raised concerns the credit card giant may have engaged in anti-competitive conduct.

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Insurers confirm coverage of Linchpin directors in class action, ASIC case
Financial Services 2021-03-08 11:04 pm By Christine Caulfield

After months of uncertainty and a scolding from the judge about “vague” excuses, former Linchpin Capital directors facing proceedings by ASIC and a class of investors have been given assurance that their legal costs will be covered under an insurance policy.

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Judge orders penalties of $1.4M in ASIC’s case against Dover Financial
Financial Services 2021-03-05 6:17 pm By Cindy Cameronne

A judge has ordered that defunct Dover Financial Advisors and its former director pay $1.4 million in penalties for creating a misleading client protection policy he described as “an exercise in Orwellian doublespeak.”

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Judge tosses One Nation staffer’s claims against gov’t in Brian Burston sexual harassment case
Employment 2021-03-05 5:39 pm By Cat Fredenburgh

A judge has dismissed claims brought by a former One Nation staffer against the federal government accusing it of being liable for former senator Brian Burston’s alleged sexual harassment, finding that the terms of her unfair dismissal settlement barred her from bringing sexual harassment allegations againt the Commonwealth.

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