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Judge questions ‘independent skill and judgment’ in third class action against IC Markets
Class Actions 2024-05-03 3:54 pm By Sam Matthews

A judge has questioned the “independent skill and judgment” applied to the pleading in a third class action filed against International Capital Markets over risky derivative products, amid a “hot contest as to carriage and forum”.

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Macquarie Bank hit with $10M penalty over financial adviser’s theft
Financial Services 2024-04-19 3:10 pm By Cindy Cameronne

 Macquarie Bank has agreed to pay a $10 million fine in proceedings brought ASIC after the bank admitted that it failed to monitor third-party withdrawals, resulting in a financial adviser’s theft of $2.9 million.

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High Court to weigh in on recovery of costs by self-repped law firms
Business of Law 2024-04-15 11:31 pm By Christine Caulfield

The High Court has agreed to hear a case with implications for law firms that represent themselves in litigation, granting an appeal application by media mogul Bruce Gordon, a former client of Sydney firm Atanaskovic Hartnell.

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‘This poor gentleman’: Judge raises issue of fairness to Seven lawyer named in Lehrmann case
Defamation 2024-04-05 3:19 pm By Cindy Cameronne

A judge hearing Bruce Lehrmann’s reopened defamation trial has expressed concern about evidence regarding non-parties to the lawsuit, including a solicitor who is said to have acted for Seven, saying “allegations are being thrown around like a gatling gun”.  

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Lehrmann’s condition for Spotlight interview: no questions about night of alleged rape
Defamation 2024-04-04 11:20 pm By Cindy Cameronne

A former Seven producer has given fresh evidence in Bruce Lehrmann’s defamation trial that he was alarmed when the accused rapist purchased cocaine and sex workers and agreed to give an interview to Spotlight as long as he was not asked about the night at the centre of the allegations.

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Judge wants explanation for broadcaster’s failure to hand up Lehrmann communications
Defamation 2024-04-04 11:03 am By Cindy Cameronne

A judge presiding over a defamation case by Bruce Lehrmann on Thursday asked lawyers for the Seven Network to explain why it had taken eight months to hand over communications with the accused rapist in answer to a subpoena by Ten. 

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‘Embarrassing in the true sense’: Westpac class action faces strike-out bids
Class Actions 2024-03-25 3:12 pm By Sam Matthews

Westpac subsidiary BT Funds Management and Tal Life Insurance have foreshadowed applications to strike out the pleadings of a class action alleging superannuation customers were overcharged for insurance coverage. 

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Judge orders soft class closure in ‘junk’ insurance class action
Class Actions 2024-02-28 10:40 pm By Cat Fredenburgh

A judge has ordered soft class closure in a class action against Suncorp unit AAI over allegedly worthless insurance, saying that knowing how many of the 200,000 group members are likely to participate would assist in resolving the case.

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Tyro secures $10M settlement in restraint of trade case against Lightspeed unit
Fintech 2024-02-16 5:52 pm By Cat Fredenburgh

EFTPOS provider Tyro has secured a $10 million settlement in a lawsuit accusing a unit of Canadian firm Lightspeed of violating a restraint of trade clause by encouraging Tyro customers to adopt its own competing payment system.

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Suncorp’s AAI fights for class closure in insurance class action
Competition & Consumer Protection 2024-02-12 4:39 pm By Sam Matthews

Suncorp subsidiary AAI has asked a court to order soft class closure in a group proceeding over allegedly worthless insurance, saying it was “passing strange” that over 200,000 group members “don’t know they’re even group members” three years into the case. 

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