ASIC’s power to order fines for Credit Code violations won’t face challenge

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Queensland lender SunshineLoans has lost its second bid for the Full Court to decide whether ASIC has the power to bring civil penalty proceedings for violations of the Credit Code, with a judge finding its arguments were not strong enough to vacate an upcoming trial.

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CBA hires Clayton Utz partner to lead in-house legal team

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Commonwealth Bank of Australia has recruited Clayton Utz partner and executive chair Karen O’Flynn to replace the outgoing Carmel Mulhern as the bank’s group general counsel.

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Hannover Life scores partial win against tax office over GST credits

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Hannover Life Re should be allowed tax credits for GST paid on a share of its overheads, including rent and power, a judge has found in a partial win for the reinsurer.

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Nine can rely on reputation evidence in Euro Pacific CEO’s case

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Nine has partially won its bid to include evidence about the reputation of Euro Pacific CEO Peter Schiff in an attempt to minimise the damages it will owe after abandoning its substantive defences in defamation proceedings by the bank boss.

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Sour grapes as Champagne growers appeal trade mark decision

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The French association representing wine producers from Champagne is appealing a recent trade mark loss to an Australian health retailer, claiming a product being sold on Aussie shelves is using its coveted name without assurances it originates from the French region. 

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Sanofi defeats government’s $325M appeal over generic Plavix ban

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Drug maker Sanofi-Aventis is not liable for the federal government’s losses for excess subsidies paid for the blood-thinner Plavix after an allegedly unjustified court injunction prevented the release of a generic version of the blockbuster drug, an appeals court has found.

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Companies doing remote work all wrong, law firm head says

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For Meridian Lawyers managing director Paul Baker, the challenging decisions for executives post-COVID are almost as great now as they were in the difficult early days of the pandemic, including getting it right on remote work.

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The Reject Shop flags early attacks on underpayments class action

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Discount retail chain The Reject Shop has foreshadowed two challenges to an underpayments class action, claiming store managers were not covered by the general retail award and that their allegations have to be run individually. 

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Settlement in FIFO class action against Thiess wins approval

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A court has signed off on a settlement in a six-year-old class action against mining services company Thiess by fly-in fly-out workers recruited for construction of a Woodside Energy LNG plant in WA’s Pilbara region.

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