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Lehrmann inquiry head faces possible charges, integrity probe over leaked report
Legal Ethics 2023-08-08 9:53 pm By Cindy Cameronne

Walter Sofronoff KC, who led an inquiry into Bruce Lehrmann’s rape trial could face sanction or a probe by the ACT integrity commission after the territory’s chief minister said the former Supreme Court Justice breached his “good faith” by leaking his findings to the media. 

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GCs need to make sure companies can back up green credentials, ACCC warns
Climate change 2023-08-08 11:02 pm By Cindy Cameronne

The Australian Competition and Consumer Commission has released guidelines to help businesses avoid greenwashing and greenhushing, calling on general counsel to avoid broad terms like ‘sustainable’ and ensure businesses have research to back up green claims.

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Mark Latham claims homophobic tweet ‘enhanced’ Sydney MP’s reputation, was ‘honest opinion’
Defamation 2023-08-08 9:08 pm By Cindy Cameronne

One Nation’s NSW leader Mark Latham has responded to a defamation case by Alex Greenwich by claiming his homophobic tweet was an honest opinion and improved, rather than damaged, the independent Sydney MP’s reputation.

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Borrowing funds to run class actions ‘not appropriate’, says expert
Analysis 2023-08-07 10:22 pm By Cindy Cameronne

Class actions throw up all manner of ethical conundrums, but a recent Federal Court decision has shined a light on the question of whether funders and law firms should take out loans to run class actions and whether they can charge the costs to group members.

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Roberts-Smith wants judge to recuse himself from deciding if OSI can see evidence
Defamation 2023-08-07 1:03 pm By Cindy Cameronne

Ben Roberts-Smith has argued a judge should recuse himself from deciding if the Office of the Special Investigator can access his defamation court file, arguing the public might think he was biased and wanted to “further” his findings that the former SAS corporal committed war crimes.  In a case management hearing on Monday, Arthur Moses…

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Judge asks if class action firm’s uncertain GCO back-up plan ‘artificial’
Class Actions 2023-08-04 3:40 pm By Cindy Cameronne

A judge overseeing a class action against Suncorp subsidiary AAI has questioned whether the “uncertain” plan B of a law firm seeking a 25 per cent group costs order was artificially uncertain to increase the relative appeal of its contingency fee bid.

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ASIC takes Dixon Advisory director to court over $19M debt
Financial Services 2023-08-04 12:15 pm By Cindy Cameronne

ASIC is seeking penalties against Dixon Advisory & Superannuation Services director Paul Ryan for allegedly failing to consider clients when executing a deed that affected the financial advice firm’s ability to recoup a $19 million debt from its holding company. 

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Pelvic mesh law firm can’t recover $32M in interest on loan to fund class action
Class Actions 2023-08-03 11:22 am By Cindy Cameronne

Shine Lawyers has lost its bid to recover $32 million in interest on a loan it took out to run two pelvic mesh class actions against Johnson & Johnson, with a judge finding it would make a “marginal settlement less than reasonable”.

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ASIC hits eToro with first-ever design and distribution action over CFDs
Securities 2023-08-03 11:35 am By Cindy Cameronne

The Australian Securities and Investments Commission has filed its first action alleging breach of obligations in designing and selling financial products, accusing online investment platform eToro of inappropriately exposing clients to high risk CFDs.

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Ultra Tune boss a ‘dreadful’ witness, says judge in ACCC’s contempt case
Franchises 2023-08-02 11:14 pm By Cindy Cameronne

A judge overseeing the Australian Competition and Consumer Commission’s case alleging auto mechanic Ultra Tune failed to comply with court orders has labelled its managing director Sean Buckley as “one of the more dreadful witnesses” he had seen.

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