High Court takes up Westpac fight against ASIC personal advice case

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The High Court has agreed to hear a challenge by Westpac to a ruling in favour of ASIC that found the bank violated its duty to act in customers’ best interests during a superannuation rollover campaign, a case that could clarify the line between personal and general financial advice.

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Optus faces privacy class action over customer data breach

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Communications giant Optus has become the first telco to be hit with a class action for breach of privacy, with 50,000 customers seeking compensation for disclosure of their personal details.

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Rejecting ‘highly experimental’ alternative, judge vacates Motorola, Hytera copyright trial

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A judge has vacated the next stage of an intellectual property fight between Motorola and Hytera Communications because of laws prohibiting witnesses located in China from giving unauthorised evidence via videolink, rejecting a “highly experimental procedural remedy” proposed by Motorola.

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Judge rejects funder’s bid to send Banksia class action fee dispute to mediation

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The funder behind the Banksia Securities class action has failed in a bid to have an outstanding case over legal fees and its commission sent to mediation, with a judge saying the issues for trial involve allegations against lawyers of serious misconduct not appropriate for closed-door negotiations.

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Halifax liquidators’ decision to not realise investments gets court backing

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The liquidators of defunct stockbroker Halifax are justified in their decision to refrain from realising existing investments over the protests of some investors, until substantive issues in the liquidation are resolved, a court has directed.

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‘This case makes no sense’: Judge says ‘Love Is In The Air’ infringed, but no damages owed

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A judge has found that an Oregon electronic music duo “flagrantly” copied the 1977 disco hit ‘Love is in the Air’ but has rejected most claims for damages because the copyright holder of the song sued for each streaming and download of the song, rather than for the creation of the infringing work.

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Judge questions if High Court ruling allows common fund orders at settlement

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The judge presiding over the settlement approval hearing in a shareholder class action against telecommunications company Vocus Group has questioned whether the High Court’s recent ruling striking down common fund orders at the outset of class actions would allow him to make such an order at settlement.

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Celebrity chef Pete Evans fined $25,200 for bogus coronavirus claims about light product

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Celebrity chef Pete Evans has been fined $25,200 by the Therapeutic Goods Administration for claiming an expensive light machine dubbed the Biocharger could help protect people from the coronavirus.

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Scenic Tours passengers can claim damages for disappointment, High Court rules

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Passengers on a European river cruise operated by Scenic Tours can claim damages for disappointment after they were forced to take buses for most of their luxury tour, the High Court has ruled.

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