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ASIC conflated conduct of GetSwift founders, court told
Securities 2020-09-30 9:39 pm By Christine Caulfield

ASIC’s case against GetSwift and its founders Joel Macdonald and Bane Hunter makes accusations against both directors but relies on alleged conduct by only Hunter, a lawyer for Macdonald has told a court on the last day of trial in the corporate regulator’s case.

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Payday lender Cigno pocketed $78M in fees for unlicenced lending, ASIC claims
Financial Services 2020-09-30 5:02 pm By Christine Caulfield

Payday lenders Cigno and BHF Solutions are facing enforcement action by the corporate regulator alleging they breached the credit laws by lending to hundreds of thousands of consumers with a licence and charging $78 million in fees.

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Judge says video would be ‘inappropriate’ in Westpac class action opt out notice
Class Actions 2020-09-30 4:15 pm By Christine Caulfield

A judge has scrapped a proposed video link sought by Slater and Gordon to be included in an opt out notice to group members in a class action over alleged junk insurance sold by Westpac, saying the video had the “flavour” of promoting the proceeding.

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Law firm in fee dispute with Barfly’s loses urgent bid for $745,000
Real Estate 2020-09-30 2:57 pm By Christine Caulfield

A law firm that negotiated a $2.4 million settlement for Melbourne’s Barfly’s in a negligence suit against the Bourke Street cafe’s former solicitors is now in litigation itself against Barflys over unpaid fees, but a bid by the firm for the cafe to hand over $745,000 to the court in trust has fallen flat.

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Appeals court quashes guilty verdicts against former Leighton CFO Peter Gregg
Construction 2020-09-30 1:22 pm By Christine Caulfield

Former Leighton Holdings chief financial officer Peter Gregg has won his appeal of convictions last year over an alleged sham contract with a steel supplier, with an appeals court on Wednesday saying there had been a “substantial miscarriage of justice”.

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Murray Goulburn class action judge considered revisiting case in light of Banksia scandal
Class Actions 2020-09-29 11:56 pm By Christine Caulfield

The judge overseeing a settled class action against Murray Goulburn, which earned millions of dollars for the same legal team accused of serious misconduct in the running of the Banksia class action, invited the parties last month to reopen the case, concerned he had been misled when approving the lawyers’ costs.

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Sour grapes: Accolade appeals loss over Burge kids’ trade marks
Intellectual Property 2020-09-28 8:16 pm By Christine Caulfield

The Australian arm of global winemaker Accolade Wines has filed Federal Court proceedings opposing three trade mark applications by the children of a South Australian wine producing couple that sold Grant Burge Wines to Accolade more than five years ago.

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Designer hit with indemnity costs for bikini trade mark suit that ‘cried out to be settled’
Intellectual Property 2020-09-28 4:21 pm By Christine Caulfield

Women’s fashion designer Pinnacle Runway must pay indemnity costs for pursuing what a judge has described as an “ill-advised” trade mark infringement lawsuit against a rival that “cried out to be settled”.

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Insurers slam The Star’s ‘misconceived’ COVID-19 coverage case
Insurance 2020-09-28 2:51 pm By Christine Caulfield

COVID-19 was clearly excluded from the business interruption insurance policy taken out by The Star, and a lawsuit seeking coverage for economic loss resulting from the pandemic was “misconceived”, a group of insurers has said.

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ASIC wins travel ban against advisor accused of impersonating clients for early super release
Financial Services 2020-09-28 1:36 pm By Christine Caulfield

The corporate regulator has secured temporary restraining orders against a financial advisor who is accused of impersonating clients to obtain early release of their superannuation funds and pocket a substantial fee for the service.

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