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Franchisee class action against Hog’s Breath Cafe thrown out
Class Actions 2024-01-30 5:25 pm By Cindy Cameronne

A judge has dismissed a franchisee class action against the Hog’s Breath Cafe restaurant chain after the lead applicants failed to hand over $1.23 million in security for costs.

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The Agency Group loses trade mark fight with real estate rival
Intellectual Property 2024-01-24 3:03 pm By Cindy Cameronne

Sydney real estate group The Agency has lost an appeal in its trade mark case against a rival, with the Full Federal Court upholding a finding that the company would have an “unwarranted monopoly” if other businesses were barred from using the descriptive words in its name.

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Insurers dragged into PwC class action over $50M bond prospectus
Class Actions 2024-01-12 2:55 pm By Sam Matthews

Over three years into a class action against failed asset finance lender Axsesstoday and auditor PricewaterhouseCoopers over a $50 million prospectus, the applicant has won the green light to add four insurers to the case. 

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PwC class action by Axsesstoday bondholders wants to add insurer, 3 years in
Class Actions 2023-12-04 11:29 pm By Christine Caulfield

More than three years after filing a class action against failed asset finance lender Axsesstoday and auditor PricewaterhouseCoopers over a $50 million prospectus, the applicant has asked a court to file a new statement of claim that will join insurer Dual Australia to the case.

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ASIC dodges indemnity costs for ‘unreasonable’ rejection of settlement in case against liquidator
Restructuring & Insolvency 2023-11-23 9:21 pm By Cat Fredenburgh

ASIC has escaped an individual insolvency practitioner’s bid for indemnity costs in its failed case alleging illegal phoenix activity, with a judge finding the regulator did not unreasonably reject a settlement offer that would have netted it “a considerably better result” than it won at trial.

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Melissa Caddick’s son to keep half of sneaker collection in deal with receivers
Restructuring & Insolvency 2023-11-13 3:10 pm By Cat Fredenburgh

The receivers of Sydney fraudster Melissa Caddick’s estate have reached an agreement with her husband on a small pool of remaining assets in dispute that will see half of her teenaged son’s sneaker collection sold to repay defrauded investors.

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Melissa Caddick’s clients file class action against SMSF auditors
Superannuation 2023-10-27 8:57 pm By Cat Fredenburgh

Twenty-four former clients of Melissa Caddick who were defrauded out $24.5 million have filed a class action against the auditors of the self-managed superannuation funds they used to invest their retirement savings with the Sydney fraudster.

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NAB ‘obliged’ to charge adviser fees at issue in class action, court told
Trials 2023-10-10 10:10 pm By Cindy Cameronne

NAB unit NULIS Nominees was not only allowed to charge superannuation fund members fees for adviser commissions, it was “obliged” to do so, a court has heard during a class action trial over alleged conflicted remuneration. 

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Benjamin Hornigold sues ex-directors, investment manager over $4M in loans
Financial Services 2023-10-10 3:25 pm By Cindy Cameronne

Investment fund Benjamin Hornigold has sued two former directors and its investment manager John Bridgeman Limited over a decision to enter into $4 million in loans.

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Trial kicks off in adviser fee class action against NAB
Trials 2023-10-09 10:45 pm By Cindy Cameronne

NAB unit NULIS Nominees was “hopelessly conflicted” in continuing to charge allegedly unlawful adviser commissions to superannuation fund members, a court has heard on the first day of a class action trial.

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