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Hall & Wilcox brings on new construction partner from boutique
Construction 2022-08-23 11:30 pm By Christine Caulfield

Hall & Wilcox has expanded its construction practice with the recruitment of partner Stefan Fenk from law firm Vincent Young.

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Lawyers’ failure kept me from claiming privilege, says Mayfair’s Mawhinney
Financial Services 2022-08-22 11:26 pm By Sam Matthews

The founder of beleaguered investment group Mayfair 101, James Mawhinney, has argued that multiple law firms failed to advise him of the privilege against self-exposure to penalty in proceedings brought by the corporate regulator, which saw him banned from soliciting funds or promoting any financial product for 20 years.

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High Court to weigh in on COVID-19 cancellation of hotel sale
COVID-19 2022-08-22 10:06 pm By Cat Fredenburgh

The High Court has agreed to weigh in on whether government restrictions on social gatherings during the COVID-19 pandemic frustrated a $11.25 million contract for sale of a hotel in the Sydney suburb of Pyrmont.

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See you in court: Crikey dares Lachlan Murdoch to sue over January 6 article
Defamation 2022-08-22 11:18 pm By Christine Caulfield

Independent news publisher Crikey says it is calling Lachlan Murdoch’s bluff, splashing over its front page correspondence between its lawyers and an attorney acting for the Fox News CEO, who claims an article over the fatal January 6 riots on the US Capitol was defamatory.

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Onus on franchisor to prove $1.2M security would not kill class action, Full Court told
Class Actions 2022-08-22 11:57 pm By Christine Caulfield

Fighting what they say is a stultifying $1.23 million order for security for defence costs in a class action, franchisees of Hog’s Breath Cafe have argued it is up to the restaurant chain to prove group members can pony up the dough.

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Biggin & Scott shouldn’t be liable for ‘indifference’ to source code infringement, High Court told
High Court 2022-08-22 2:47 pm By Cat Fredenburgh

Biggen & Scott should not be held liable for copyright infringement for its supposed “indifference” to the copying of real estate marketing platform Campaigntrack’s source code by a developer, the real estate agency group argues in a special leave application to the High Court.

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ASIC warns it will take action against greenwashing
ASIC 2022-08-22 12:44 pm By Cat Fredenburgh

The Australian Securities and Investments Commission has made cracking down on greenwashing one of its top enforcement priorities, as environmental, social and governance proposals by activist shareholders hit record levels.

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Forum Finance judge recuses himself after questioning director’s credibility
Legal Ethics 2022-08-19 9:51 pm By Cindy Cameronne

A Federal Court judge has recused himself from hearing a fraud trial against Forum Finance, after expressing that he had an “unfavourable” impression of director Vince Tesoriero’s reliability as a witness.

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‘Concerned’ judge wants answers from AMP on remediation program
Financial Services 2022-08-19 11:05 pm By Cindy Cameronne

A judge has raised concerns that AMP Financial Planning has not compensated customers for allegedly failing to prevent life insurance churning, directing the firm to explain the “vanishingly small” number of people who have been remediated.

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Over ‘intransigent’ ACCC, judge says Retail Food Group case can be decided with store sample
Competition & Consumer Protection 2022-08-19 11:20 pm By Sam Matthews

A judge has ordered that the ACCC’s case alleging Retail Food Group misled franchisees be run on a sample basis, saying the regulator’s opposition to the idea “smacks of a lack of confidence in its own case.”

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