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‘Air of a Kafka novel’: NAB loses bid to suppress misleading or deceptive conduct case
Financial Services 2024-02-19 3:25 pm By Cindy Cameronne

National Australia Bank has lost its bid to shield a case by a Melbourne gold bullion dealer after a judge said one of the bank’s arguments for suppression had “the air of a Kafka novel”.

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Nature’s Care owners can’t extend injunction against Wu family founders
Corporate 2024-02-19 10:16 pm By Sam Matthews

The current owners of vitamin giant Nature’s Care have lost a bid to extend an urgent injunction against the company’s founding family amid fears they were trying to regain control of the corporate group, with a judge finding the family may faced oppressive conduct themselves.

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Sushi Bay slammed for ‘calculated’ effort to conceal underpayments
Employment 2024-02-19 10:58 pm By Cindy Cameronne

The Fair Work Ombudsman has won its underpayments case against restaurant chain Sushi Bay and its director, with a judge finding the company forced migrant workers to pay back their entitlements in cash in a “calculated and institutional effort” to conceal wrongdoing. 

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Surgeon wins security from nose job patient appealing defamation loss
Defamation 2024-02-19 10:43 pm By Sam Matthews

A nose job patient who allegedly defamed his surgeon has been slugged with $50,000 in security for his appeal, on top of a $50,000 damages bill that a judge said the surgeon is unlikely to see.

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REST Super hit with class action over insurance premiums
Class Actions 2024-02-16 1:47 pm By Sam Matthews

REST Super faces a class action alleging the supererannuation trustee deducted premiums for income protection insurance that provided no benefit to members.

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Full Court revives Finish Powerball trade marks, but it’s not a clean victory
Intellectual Property 2024-02-16 4:56 pm By Cindy Cameronne

The maker of Finish dishwashing products, RB Hygiene, has won a partial appeal in a trade mark stoush with rival Henkel, with the Full Court reviving two of its trade marks but rejecting its challenge to a logo for competing Somat-branded products.

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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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Herbert Smith Freehills chases United Petroleum for costs over failed IPO dispute
Professional Negligence 2024-02-15 3:50 pm By Cindy Cameronne

Herbert Smith Freehills has filed proceedings against its former client United Petroleum, seeking costs of successfully defending a lawsuit alleging it acted negligently in relation to the company’s failed initial public offering in 2016. 

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ASIC sued by Forex liquidators looking to claw back $20M fine
Restructuring & Insolvency 2024-02-15 5:32 pm By Sam Matthews

In a case believed to be the first of its kind, the liquidators of boiler room trader Forex Capital Trading have sued ASIC, seeking to claw back over $20 million in fines and costs they says constituted unfair preference payments and should be distributed among the company’s out-of-pocket clients. 

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Paladin entities raised over $100M from investors without AFSL, lawsuit claims
Financial Services 2024-02-15 9:25 pm By Cat Fredenburgh

The Australian Securities and Investments Commission has taken two units of Paladin Group and one of its directors to court for allegedly raising more than $100 million from 258 investors without a financial services licence.

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