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Ban on lawyer’s practicing certificate can’t be retroactive, appeals court says
Legal Ethics 2022-05-26 5:20 pm By Cindy Cameronne

An appeals court has overturned a decision banning a lawyer from practice with retrospective effect and ordering her to pay $20,000 in legal costs, after a tribunal sanctioned her for allegedly misleading a court employee and making “offensive” remarks in 2016.

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MIS regime ‘just cannot work’ for class action funding arrangements, court told
Class Actions 2022-05-25 10:46 pm By Christine Caulfield

A litigation funder challenging a decision underpinning recently enacted rules that require class actions to be registered as managed investment schemes told an appeals court Wednesday the decision was plainly wrong and the regime unworkable.

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Former Noumi GC drops unfair dismissal lawsuit
Employment 2022-05-25 1:57 pm By Cindy Cameronne

Former secretary and general counsel for Noumi, formerly known as Freedom Foods, has dropped her unfair dismissal lawsuit after the maker of the popular Vitalife and MilkLab products tossed claims accusing her of serious misconduct. 

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ANZ ordered to hand over documents in long-running pregnancy discrimination case
Employment 2022-05-25 7:21 pm By Sam Matthews

A former ANZ employee has won her bid to discover a range of documents in her long-running dispute with the bank over alleged discrimination related to her pregnancies with her first two children.

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‘Chickens coming home to roost’: NSW faces multiplying claims by junior doctors
Employment 2022-05-25 3:53 pm By Sam Matthews

The New South Wales government has pushed to consolidate a class action accusing it of failing to pay overtime hours to junior doctors with multiplying industrial actions filed by Australian Salaried Medical Officers’ Federation.

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Lawyer who refused to pay silk engaged in professional misconduct, tribunal finds
Legal Ethics 2022-05-24 5:32 pm By Sam Matthews

A lawyer who failed to pay $23,000 in fees to senior counsel and made a groundless complaint to the bar association to use as a “bargaining chip” engaged in professional misconduct, a tribunal has found.

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Forex Capital liquidators win ‘urgent’ order for $69.5M distribution to customers
Restructuring & Insolvency 2022-05-24 5:42 pm By Cindy Cameronne

Forex Capital Trading liquidators have won an “urgent” bid for orders allowing them to distribute $69.5 million to 8,600 former customers of the derivatives trader which allegedly gave misleading advice on products described as “little more than gambling”.

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Man suing judge for unlawful imprisonment blasts ‘hopeless’ defence
Trials 2022-05-24 8:13 pm By Cindy Cameronne

The state of Queensland has brought a “hopeless” defence in a $2.5 million suit alleging a Federal Circuit judge unlawfully imprisoned a Queensland man for contempt after he failed to comply with an order for particulars, a court has heard.

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Suncorp Group settles class action ahead of 25-day trial
Class Actions 2022-05-23 1:07 pm By Sam Matthews

A unit of Suncorp Group has reached an in-principle settlement in a class action over alleged conflicted remuneration on the first day of an expected 25-day trial.

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AUSTRAC refuses exemption for CBA in ‘cuckoo-smurfing’ case
Financial Services 2022-05-23 12:51 pm By Cindy Cameronne

The Commonwealth Bank of Australia will bring its second bid to dismiss a case brought by customers who claim they were the victims of “cuckoo-smurfing” and had funds seized as proceeds of crime because the bank breached its anti-money laundering obligations.

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