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Hyundai, Kia class actions transfer bid should precede beauty parade: courts
Class Actions 2023-08-10 2:57 pm By Cindy Cameronne

Two courts have ruled that in competing class actions against Hyundai and Kia over allegedly faulty anti-lock braking systems, a plaintiff’s bid to transfer one of the cases from Victoria to the Federal Court should precede a carriage fight, deeming it the “straightforward” option. 

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Judge rejects latest pleading in plastic surgery class action
Class Actions 2023-08-10 10:31 pm By Cindy Cameronne

A judge has directed a class action on behalf of 1,000 patients of Sydney-based plastic surgeon Daniel Lanzer and four of his associates to have another go at articulating claims that Lanzer’s clinic should be liable for allegedly ‘horrific’ complications. 

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ASIC’s latest court action says debt ‘solvers’ anything but
Competition & Consumer Protection 2023-08-10 11:08 pm By Cindy Cameronne

The Australian Securities and Investments Commission has brought legal action against debt management business Solve My Debt Now and its director, alleging customers were usually left in greater debt after using its services.

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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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