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Mawhinney slammed for taking lawyers’ reputation ‘hostage’ in ASIC appeal
Financial Services 2022-08-26 11:50 pm By Sam Matthews

The former legal representatives of James Mawhinney have hit back at allegations of incompetence by the embattled Mayfair 101 founder on the last day of his appeal against decisions that saw him banned from soliciting funds or promoting any financial product for 20 years.

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‘Alarming consequences’ if each building warranty breach creates new claim, court says
Construction 2022-08-26 11:27 pm By Sam Matthews

A judge has ruled that separate breaches of statutory building warranties do not create individual causes of action, in a win for an owners corporation bringing claims against the builder of an allegedly defective Haymarket apartment building.

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Cricket Australia plays COVID card in Seven contract dispute
Contracts 2022-08-25 2:43 pm By Sam Matthews

Cricket Australia says the COVID-19 pandemic was a force majeure event under its broadcast agreement with the Seven Network, which has sued the sporting governing body over alleged breaches of the deal.

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‘Long overdue’ legal costs reform to hit Victorian courts
Policy and Regulation 2022-08-25 11:34 pm By Sam Matthews

A report commissioned by the Supreme Court of Victoria has recommended a massive overhaul to the system for awarding costs in civil proceedings, trashing the “opaque” and “inadequate” scale of costs system.

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Judge doubts class action’s Kiwi damages claim against a2 Milk
Class Actions 2022-08-24 11:31 pm By Sam Matthews

A consolidated class action’s bid to include claims concerning dairy company a2 Milk’s disclosures to the New Zealand stock exchange is in doubt, despite broad agreement between the parties that the claims can be pursued in Victoria.

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Law firms’ agency agreement prevails over ‘opaque’ funding in Nuix class action battle
Class Actions 2022-08-23 11:04 pm By Sam Matthews

Law firms Shine Lawyers and Phi Finney McDonald have won a contest to jointly run a class action against embattled tech company Nuix, with rival Banton Group losing out on its “opaque” funding agreement.

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Blue Sky, auditor EY hit with shareholder class action
Class Actions 2022-08-23 11:36 pm By Sam Matthews

Failed asset manager Blue Sky Alternative Investments has been served with a class action over the company’s alleged overstated financial reports between 2016 and 2018 that also targets nine former directors as well as auditors Ernst & Young.

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Sister wins Darling Point round in Macarthur-Onslow family feud
Real Estate 2022-08-23 11:41 pm By Sam Matthews

The death last year of a protagonist in the drama has not ended the legal spat between the children of one of Australia’s richest families over a deed of settlement intended to resolve a family feud over assets.

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Lawyers’ failure kept me from claiming privilege, says Mayfair’s Mawhinney
Financial Services 2022-08-22 11:26 pm By Sam Matthews

The founder of beleaguered investment group Mayfair 101, James Mawhinney, has argued that multiple law firms failed to advise him of the privilege against self-exposure to penalty in proceedings brought by the corporate regulator, which saw him banned from soliciting funds or promoting any financial product for 20 years.

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Over ‘intransigent’ ACCC, judge says Retail Food Group case can be decided with store sample
Competition & Consumer Protection 2022-08-19 11:20 pm By Sam Matthews

A judge has ordered that the ACCC’s case alleging Retail Food Group misled franchisees be run on a sample basis, saying the regulator’s opposition to the idea “smacks of a lack of confidence in its own case.”

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