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Mayfair’s James Mawhinney wants High Court to shut down ASIC case
Appeals 2022-10-12 9:43 pm By Sam Matthews

The founder of beleaguered investment group Mayfair 101, James Mawhinney, has asked the High Court to overturn his own successful Full Court appeal of a decision that saw him banned from soliciting funds or promoting any financial product for 20 years.

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Funder’s commission holding up Opal Tower class action settlement
Class Actions 2022-10-11 9:56 pm By Sam Matthews

A $13 million commission sought by the funder that bankrolled the Opal Tower class action is stalling settlement approval, as debate continues over whether the funder can recoup the costs of after-the-event insurance from group members.

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PTTEP’s appeal of class action ruling delayed as lawyers, funder engage in secret stoush
Class Actions 2022-10-11 11:45 pm By Christine Caulfield

PTTEP Australia’s appeal of a class action finding that it breached a duty of care to thousands of farmers impacted by the 2009 Montara oil spill has been put on hold amid a fight between the funder and lawyers that is cloaked in confidentiality.

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Employsure suffers partial loss in appeal by defecting employees
Employment 2022-10-11 5:20 pm By Cindy Cameronne

Workplace relations heavyweight Employsure has suffered a partial defeat in appeals brought by rival ELMO Software and two former employees seeking to jump ship to a competitor.

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Howden can’t use expert report in ‘wasteful’ patent application against Minetek
Intellectual Property 2022-10-11 12:20 pm By Cindy Cameronne

A judge has refused a bid by manufacturer Howden to use an expert report before IP Australia in a dispute accusing rival Minetek of misappropriating confidential information for an industrial fan patent, saying it was “wasteful” when a similar dispute was already before the court.

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Boston Scientific drops gag clause from $105M settlement after judge airs concerns
Class Actions 2022-10-10 2:40 am By Cindy Cameronne

US medical device manufacturer Boston Scientific has withdrawn a controversial gag clause from of its $105 million deal to settle a class action by women allegedly injured by pelvic mesh devices after a judge raised concerns about its legality.

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Murdoch argues public interest defence no ‘new dawn’ for media outlets
Defamation 2022-10-10 3:06 am By Sam Matthews

Fox News CEO Lachlan Murdoch has told a court that Crikey publisher Private Media will be hard-pressed to use a new public interest defence as a shield against his defamation suit over an article allegedly linking the media mogul to the January 6 attack on the US Capital.

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Mayfair 101 loses appeal of $30M penalty in ASIC’s misleading conduct case
Financial Services 2022-10-10 12:08 pm By Christine Caulfield

In a win for the corporate regulator, an appeals court has rejected investment group Mayfair 101’s appeal of a $30M penalty following a judge’s finding that it misled investors about the level of risk of its financial products.

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Court finds Globaltech, Boart Longyear infringed mining patent
Intellectual Property 2022-10-10 11:50 pm By Cindy Cameronne

A judge has found mining tool company Globaltech and mineral exploration company Boart Longyear infringed a patent for a mining tool owned by Australian Mud Company.

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HWL Ebsworth defeats ex-client’s appeal over property sale
Professional Negligence 2022-10-10 11:26 pm By Cat Fredenburgh

Law firm HWL Ebsworth has defeated a Brisbane property developer’s appeal of a ruling that found the firm did not owe the former client damages for its negligence in failing to properly follow instructions on a contract of sale for large block of units.

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