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Negligence case against Malouf Solicitors over ‘doomed to fail’ cases thrown out
Professional Negligence 2024-07-23 11:01 pm By Cat Fredenburgh

A medical imaging company has lost its negligence case alleging Malouf Solicitors failed to advise it that its defences in District Court proceedings were doomed to fail, with a judge finding the company’s executives were informed of the risks of defending the case.

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McGrathNicol partners duck apprehended bias claims in Globaltech administration
Restructuring & Insolvency 2024-07-22 11:43 pm By Cindy Cameronne

A judge has rejected an application by a director of mining tech company Globaltech to replace administrators from McGrathNicol after arguing there was an appearance of bias since their fellow partners used to be on the board of its biggest unsecured creditor, Boart Longyear.

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Former Big Un CFO doesn’t have to file defence in liquidators’ case
Restructuring & Insolvency 2024-07-22 3:47 pm By Cindy Cameronne

The CFO of former market darling Big Un, who has been charged with insider trading, has been excused from filing a defence or taking other procedural steps in the collapsed company’s case against its ex-directors. 

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Amex hit with $8M penalty in first ever case over DDO breaches
Financial Services 2024-07-19 1:58 pm By Cindy Cameronne

A judge has ordered credit card giant American Express to pay $8 million in ASIC’s first-ever case over design and distribution obligations, but has criticised the recently enacted provisions as being “poorly drafted”. 

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Wealth guru Dominique Grubisa, DG Institute hit with $6M penalty
Competition & Consumer Protection 2024-07-19 10:42 pm By Sam Matthews

The ACCC has secured $6 million in penalties against wealth education company DG Institute and its CEO Dominique Grubisa, as well as orders that the company refund $14.7 million in course fees to customers who enrolled in its ‘Master Wealth Control’ program.

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Judge recuses himself from Sunshine Loans penalty hearing, calls for new court protocol
Legal Ethics 2024-07-18 11:15 pm By Sam Matthews

The judge who presided over ASIC’s successful case against payday lender Sunshine Loans has recused himself from deciding on penalty in the matter, saying a new court protocol might be needed for when a judge makes an adverse credit finding during the liability phase of a case.

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AFL merch maker wins trade mark suit against US company Fanatics
Intellectual Property 2024-07-18 10:02 pm By Sam Matthews

AFL merchandise maker FanFirm has won a trade mark case against US sports merchandise giant Fanatics, with a judge finding it knew about the Australian company’s ‘Fanatics’ trade marks when it chose its corporate name.

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Grays hit with $10M penalty for misleading cars listings
Competition & Consumer Protection 2024-07-18 11:48 pm By Cindy Cameronne

Online auction site Grays has been ordered to pay $10 million in penalties after it admitted to making misleading statements in the descriptions of at least 750 cars listed for sale on its website. 

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Judge rejects law firm’s updated bid in Hyundai, Kia class actions
Class Actions 2024-07-17 11:50 pm By Sam Matthews

A judge has rejected a law firm’s attempt to update its bid to run class actions against Hyundai and Kia, saying the changes were intended to net the firm a competitive advantage in an upcoming fight for carriage of the class actions and different in substance from its previous position.

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‘We’re not King & Wood Mallesons’ excuse doesn’t wash in bid to revive $400M suit
Construction 2024-07-16 2:36 pm By Cindy Cameronne

A judge has rebuffed a developer’s bid to revive a $400 million lawsuit against an investor after it failed to comply with a guillotine order, saying it was not an adequate explanation that the firm of solicitors acting for it lacked the resources of the defendant’s Big Six outfit. 

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