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The tribunal has recommended that a barrister who practised without a certificate, failed to display competence in a client matter and did not comply with direct briefing rules be struck from roll.
Judge questions OAIC over 3-year delay in bringing Optus case
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The judge overseeing three court proceedings against Optus over a 2022 data breach has questioned why it took the privacy regulator three years to file its case.
Court OKs $59M settlement in rate-rigging class action against banks
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A judge has signed off on a $59 million settlement in a class action accusing five banks of foreign exchange rate-rigging, while bemoaning the failure of successive attorneys-general to advance reforms clarifying the court’s power to make class closure orders.
Mastercard says privilege shouldn’t be lost after junior lawyer’s ‘genuine mistake’
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Mastercard says legal professional privilege remained over a document after a junior lawyer “inadvertently” sent it to the ACCC in 2020 while the credit card giant was trying to dissuade the regulator from continuing an investigation into alleged anti-competitive conduct.
ANZ trader seeks to delay start of trial after discovery dump
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A former ANZ trader that sued the bank five years ago for allegedly sacking him for complaining about the bank’s attempted manipulation of the bank bill swap rate wants the trial date pushed out after receiving thousands of documents from the bank.
Ashurst’s failure to register client’s $51M interest over Infinity pharmacies an ‘oversight’: court
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A junior Ashurst lawyer’s failure to register a drug wholesaler’s $51 million security interest over a group of Infinity pharmacies was inadvertent, a judge has found in granting a bid to extend the deadline for registration.
Magnis Energy misses deadline in ASIC’s battery plant disclosure case
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Magnis Energy Technologies has missed the deadline to file its evidence in ASIC proceedings over allegedly misleading disclosures about its lithium ion battery plant, with a court hearing the company’s new lawyers have not had a chance to brief counsel.
Murray Darling authority slams class action’s ‘incoherent’ duty of care claim
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The public body in charge of managing the Murray Darling’s water resources has slammed as “incoherent” a class action’s claims that it owes a duty of care to protect farmers and irrigators against economic loss.
ASIC holds no ‘special position’ when it comes to indemnity costs for doomed cases: judge
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The corporate regulator should not be immune from the risk of special costs for actions doomed to fail, says a judge who flayed ASIC last month for bringing a case against TerraCom directors it should have known was a dud.
Super giant Mercer sued by ASIC for ‘longstanding and systemic’ failures
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Mercer Super faces enforcement action by ASIC, alleging the superannuation giant failed to inform the watchdog about investigations into serious issues, including a failure to refund premiums to dead members.