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‘Undervalued’ Lendlease land purchase roils one of Australia’s richest families
Real Estate 2021-04-20 5:33 pm By Cindy Cameronne

The children of one of Australia’s wealthiest families are locked in a legal battle, with a judge preliminarily allowing the daughter to bring derivative proceedings against her brother for allegedly giving property developer Lendlease options to buy land owned by the trust for which she is a beneficiary for a “significant undervalue”.

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High Court to hear ATO test case over trust income disclaimers
Tax 2021-04-20 3:16 pm By Miklos Bolza

The High Court has granted special leave in a test case by the Australian Taxation Office concerning the effectiveness of disclaimers by trust beneficiaries giving up entitlements to trust income and any associated tax obligations.

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Solomon Lew’s retail giant The Just Group sued for $3.4M in unpaid rent
Real Estate 2021-04-20 1:28 pm By Miklos Bolza

Australian investment management group Fortius Funds Management has taken retail giant The Just Group to court seeking millions of dollars in allegedly unpaid rent for four stores in Sydney’s MidCity Shopping Centre.

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QBE Insurance files COVID-19 business interruption test case
COVID-19 2021-04-15 9:15 pm By Cindy Cameronne

Insurance giant QBE Insurance Australia has launched a COVID-19 business interruption test case in the Federal Court, following a landmark loss for insurers in the NSW Court of Appeal that could cost them $10 billion.

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REA Group blocks trade mark bid by former Reserve Hotel director’s Real Estate Store
Intellectual Property 2021-04-08 11:02 am By Miklos Bolza

Global property giant REA Group has blocked a trade mark application by Real Estate Store, a new venture of a former director of Reserve Hotel Group, with IP Australia finding there was a “real and tangible danger” that consumers would think the companies were connected.

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‘Millions of dollars of cash in bags’: Cryptocurrency trader wins lawsuit against fraudster
Financial Services 2021-03-30 4:39 pm By Miklos Bolza

A cryptocurrency trader has won judgment of over $1.96 million in a NSW Supreme Court lawsuit against companies owned by a convicted fraudster over a deal involving “millions of dollars of cash in bags and suitcases” and a settlement that was reached and then ignored.

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Judge won’t entertain defective defence argument in negligence case against K&L Gates
Colin Biggers & Paisley 2021-03-25 10:22 pm By Christine Caulfield

K&L Gates has fended off a mid-case bid for costs by former clients who are seeking $3 million in a negligence lawsuit and told a court on Wednesday they wasted money responding to a “defective defence” by the law firm.

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Judge throws out lawsuit accusing Sydney solicitors of unconscionable conduct
Business of Law 2021-03-22 5:21 pm By Miklos Bolza

A Sydney law firm has successfully defended a NSW Supreme Court lawsuit by angry former clients who tried to overturn a $492,000 settlement and accused the firm of a breaching its fiduciary duties and unconscionable conduct.

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In win for ACCC, Full Court says vulnerability not essential to proving unconscionable conduct
Appeals 2021-03-22 1:39 pm By Miklos Bolza

The Full Federal Court has ruled that unconscionable conduct under the Australian Consumer Law is not confined to exploitation of vulnerable parties, in an “extremely significant” judgment that will extend the reach of the unconscionable conduct provisions and protect a wider swathe of consumers.

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Former QC, now judge liable to client in negligent advice case, court rules
Professional Negligence 2021-03-01 6:11 pm By Cindy Cameronne

A former QC turned Victorian Supreme Court judge has been found liable, along with a law firm acquired by Russell Kennedy, to pay $1.185 million to a former client for providing negligent advice on a land purchase contract.

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