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Former QC, now judge hit with costs in negligent advice case
Construction 2021-05-04 3:29 pm By Cindy Cameronne

A former QC who is now a judge on the Victorian Supreme Court judge has been hit with costs following a ruling that he and a law firm acquired by Russell Kennedy provided negligent advice to a former client on a land purchase contract.

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Judge mulling $38.4M Estia settlement hears class closure rulings ‘plainly wrong’
Class Actions 2021-05-04 2:49 pm By Miklos Bolza

A judge weighing a $38.4 million settlement in a shareholder class action against aged care provider Estia Health has been told that two NSW Court of Appeal judgments barring class closure were “plainly wrong”, but in deciding whether to lock group members out of the settlement the judge says he won’t need to grapple with the landmark rulings.

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Judge rejects 7-Eleven’s ‘risky’ bid for pre-trial ruling on objections to evidence
Class Actions 2021-05-03 9:37 pm By Miklos Bolza

A judge has shot down what he called a “risky” but novel proposal by 7-Eleven for a pre-trial ruling on sample objections to the relevance of evidence in two franchise class actions.

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Judge orders $75,000 penalty in ACCC’s case against Jayco
Competition & Consumer Protection 2021-05-03 6:43 pm By Cindy Cameronne

A judge has hit caravan manufacturer Jayco with a $75,000 penalty in proceedings launched by the ACCC, finding the company made a false or misleading representation to a customer about their consumer guarantee rights.

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WA denies breach of duty in stolen wages class action
Class Actions 2021-05-03 6:05 pm By Miklos Bolza

The Western Australian state government has hit back at a class action brought by Indigenous workers seeking to recover unpaid wages, saying there was no breach of duty because the law at the time allowed the workers to be employed without pay.

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Forex CT ordered to pay $20M for unconscionable sales tactics
Financial Services 2021-05-03 3:06 pm By Cindy Cameronne

ASIC has won a $20 million judgment against derivative trader Forex CT for using “unfair” sales tactics and misleading clients into making trades from which the company would benefit even when they had informed their adviser they had limited financial resources.

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Court OKs $440M settlement in Queensland floods class action
Class Actions 2021-05-03 2:46 pm By Christine Caulfield

A $440 million settlement by the State of Queensland and dam operator Sunwater resolving a class action over the 2011 Queensland floods has been approved by a NSW judge.

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Futura Resources unit loses appeal of R&D tax offsets over coking coal project
Tax 2021-05-03 12:06 pm By Miklos Bolza

A unit of coal mining company Futura Resources has failed to convince the Full Federal Court to allow it to register a 2012 coking coal mine investigation conducted in Central Queensland for a research and development tax offset.

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Qantas wins eleventh hour injunction in dispute with Virgin-bound exec
Employment 2021-04-30 11:06 pm By Cat Fredenburgh

Qantas has secured a temporary injunction from a Singapore court blocking a former company executive from starting a new position at competitor Virgin Australia.

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Judges may have ‘blind spot’ when hearing applications for their own recusal, ALRC told
Legal Ethics 2021-04-30 4:14 pm By Cindy Cameronne

The Australian Law Reform Commission has suggested judges should transfer applications for their own disqualification to a separate duty judge to decide, after hearing concerns about how the “bias blind spot” may operate in the existing self-disqualification procedure.

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