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Prosecutors lose challenge to time limit in criminal case against ME Bank
Financial Services 2022-11-29 3:39 pm By Christine Caulfield

Federal prosecutors pursuing a case against Members Equity have lost an appeal of a ruling that threw out half the charges against the direct bank as time barred, with an appeals court finding the ASIC Act imposes a hard deadline for bringing a criminal case of misleading or deceptive conduct.

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Banksia judge faces possible recusal bid by companies linked to silk’s wife
Class Actions 2022-11-28 3:21 pm By Christine Caulfield

The judge whose ruling against the legal team behind the Banksia class action fraud helped redeem the battered reputation of the civil justice system may be asked to disqualify himself from the final fight in the drawn out case.

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Law firm’s fees trimmed in Drakes employment class action
Employment 2022-11-28 9:30 pm By Sam Matthews

A judge has cut at least $170,000 from the fees sought by a law firm running a class action on behalf of Drakes Supermarkets store managers who were allegedly underpaid — the same firm that saw its fees reduced in two similar class actions.

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Payday lender resists ASIC push for injunction, citing fear of contempt
Financial Services 2022-11-28 11:02 pm By Cindy Cameronne

Payday lenders BHF Solutions and Cigno are fighting ASIC’s bid for an injunction barring them from breaching consumer credit laws, with BHF claiming it should not be exposed to contempt.

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Court can’t use general power under class action regime to dispense with opt out notice, judge says
Class Actions 2022-11-25 10:26 pm By Sam Matthews

A judge overseeing the Montara oil spill class action has found the Federal Court’s broad discretion under the class action regime is “outflanked” by the need to give group members a chance to opt out. But resolving that question on Thursday — which has divided the courts — caused a further wrinkle ahead of a hearing to weigh a settlement in the case.

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Silk’s COVID-19 diagnosis won’t delay students’ discrimination trial
Human Rights 2022-11-25 5:25 pm By Christine Caulfield

A group of Jewish and Israeli former students who have accused a Victorian high school of allowing racially-charged bullying have defeated a bid by the state government to adjourn evidence at trial after its silk was diagnosed with COVID-19. 

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Former PM Scott Morrison’s secret ministries ‘corrosive of trust’: report
Politics 2022-11-25 10:27 pm By Christine Caulfield

A inquiry into former prime minister Scott Morrison’s appointment as shadow minister of five government portfolios has found the secret appointments “fundamentally undermined” the principles of responsible government.

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Directed Electronics wins suit over ‘reprehensible’ theft by ex-manager
Intellectual Property 2022-11-25 10:42 pm By Sam Matthews

Automotive electronics company Directed Electronics has largely prevailed in a five-year-old lawsuit alleging a former manager misappropriated company information and reaped $3.6 million in commissions through a secret side agreement with South Korean giant Hanhwa.

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Sports betting class action may drop remaining claims against lawyer
Class Actions 2022-11-25 5:49 pm By Cindy Cameronne

The lead applicant in a class action on behalf of investors who sank $12.3 million into an allegedly fraudulent sports betting scheme run by convicted conman Peter Foster may drop the case after a partner in the scheme filed for bankruptcy.

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Judge asks if tiered contingency fee ‘meaningless’ in Crown class action
Class Actions 2022-11-24 11:35 pm By Cindy Cameronne

A judge has questioned a tiered contingency fee arrangement in a proposed group costs order by the law firm running a shareholder class action against Crown, asking whether the lower-end percentages were “meaningless”.

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