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Payday lender Cigno is appealing the Australian Securities and Investments Commission’s first action under new powers to ban financial products that targeted its model of short-term credit lending.
Going Wayback: The current state of using wayback machine evidence in court
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The admissibility of print-outs from the “Wayback Machine – Internet Archive” website is increasingly being considered by the Federal Court of Australia. The decision of Justice Burley in Dyno Nobel Inc v Orica Explosives Technology Pty Ltd on September 17 provides clear insight to the court’s approach to Wayback evidence and the circumstances in which it might be admissible, writes Bird & Bird’s Lynne Lewis and Angelica Sorn.
Lawyers can advance potential new class action against Scenic Tours over disrupted European cruises
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Lawyers pursuing a class action against Scenic Tours on behalf of passengers whose European cruises were interrupted by severe flooding have been granted preliminary discovery as they weigh a second multi-million dollar class action against the company over cancellations caused by last year’s severe drought conditions.
ACCC ‘contaminated’ key evidence in ANZ criminal cartel investigation, court hears
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An investigation by the Australian Competition and Consumer Commission has come under fire by the banks and directors targeted in a criminal case over alleged cartel conduct that claim the regulator “contaminated” key evidence and improperly used material supplied by ASIC.
‘State of warfare’: Ashurst partner in legal deadlock with ex-judge neighbour in long-running Point Piper dispute
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A judge has urged a partner at Big Six firm Ashurst not to “keep a fight going just because you can’t let it go”, after the lawyer tried to challenge a court ruling over a long-running building dispute with his neighbour, a former Family Court judge, in the exclusive Sydney suburb of Point Piper.
ACCC calls for stronger changes to bank rules in response to Hayne report
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Proposals by Australia’s banks to revise its code of conduct in line with the recommendations of the banking royal commission don’t go far enough, the consumer watchdog said Friday.
United Petroleum faces court accused of evading Fair Work investigators
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United Petroleum has been hit with legal action by the Fair Work Ombudsman, which accuses the petrol retailer of failing to produce records as part of an investigation of workplace breaches.
Coles’ $40M tax claim on evaporated fuel ‘artificial’, judge rules
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Supermarket giant Coles has lost an appeal over $40 million in tax credits it had claimed for fuel that evaporated or leaked from tanks at its service stations, after a judge described the supermarket giant’s argument as “artificial”.
ACCC flags concerns about Resource Management Service timber sale
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The Australian Competition and Consumer Committee has flagged preliminary competition concerns and called for public submissions on a proposed sale by US-based timberland investment manager Resource Management Service of its Tasmanian assets.
Sparke Helmore off the hook as court slams IOOF unit with $81M judgment over plantation sale
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IOOF subsidiary Australian Executor Trustees has been hit with an $80.6 million judgment after breaching its duty as trustee in the sale of a 42,000 hectare timber plantation by collapsed forestry giant Gunns Group, and it can’t pass the liability on to Spark Helmore, despite the law firm’s inadequate advice.