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After ‘very unfortunate’ loss, Carwoola bushfire class action dodges indemnity costs
Class Actions 2022-07-01 11:03 pm By Sam Matthews

The lead applicant in an unsuccessful class action over the Carwoola bushfire has avoided indemnity costs sought by insurer CGU and has won a 40 per cent reduction in the amount of legal costs it will have to cover for the defendant.

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‘I want complete transparency’: Forum Finance director faces grilling for legal funds
Restructuring & Insolvency 2022-07-01 1:28 pm By Sam Matthews

A judge has told Forum Finance director Vince Tesoriero to “revisit” evidence about his true financial position if he wants to win the release of $1.25 million to pay for his defence in Westpac’s fraud case against him, amid concerns about whether he has made full disclosure to the court.

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Liquidator reprimanded by ASIC for breaching rules on independence
Restructuring & Insolvency 2022-07-01 10:45 pm By Sam Matthews

The corporate regulator has reprimanded a liquidator for “serious” breaches of independence rules, and has directed the insolvency practitioner to refuse appointments until next year.

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Class actions too complex to run without lawyers, judge says
Class Actions 2022-06-30 12:36 pm By Sam Matthews

A judge has tossed a class action brought by a self-represented applicant against Wilson Security, saying class actions should not be run without lawyers.

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ASIC sues Mercer Financial over fees for no service conduct
Financial Services 2022-06-30 12:10 pm By Sam Matthews

ASIC has brought court proceedings against wealth manager Mercer Financial Advice, alleging the company charged fees for services it did not provide and made false and misleading representations to thousands of customers.

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Defendants rail against pleadings in 5-year-old Lane Cove Tunnel dispute
Construction 2022-06-30 9:37 pm By Sam Matthews

A judge has indicated he will allow the operator of Sydney’s Lane Cove Tunnel to amend its pleadings in a lawsuit against Thiess, John Holland and CIMIC over alleged defects in the construction of the billion-dollar tunnel.

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Lawyer’s muffin eating was irrelevant to personal costs order, appeals court says
Appeals 2022-06-29 5:02 pm By Sam Matthews

An appeals court has ruled that a judge was not justified in slapping two lawyers with personal costs, finding she should not have considered alleged poor conduct such as one of the lawyers eating a muffin while appearing during a remote hearing.

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William Inglis & Son waived privilege over Norton Rose Fulbright emails in land spat
Real Estate 2022-06-28 4:54 pm By Sam Matthews

Australia’s oldest thoroughbred auctioneer William Inglis & Son waived legal professional privilege over advice from its solicitor Norton Rose Fulbright over contamination of land it bought in 2009, a judge has found.

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Judge to rush trial in Tiwi Islanders challenge to Santos offshore drill plan
Energy & Natural Resources 2022-06-29 2:29 pm By Sam Matthews

Tiwi islanders in a Federal Court challenge to the Barossa offshore gas project have won an expedited trial, but the case won’t be heard before drilling starts in mid-July.

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ASIC triumphs in appeal against payday lenders Cigno, BHF
Appeals 2022-06-28 11:36 am By Sam Matthews

ASIC has won an appeal of a judge’s decision that found Gold Coast-based payday lenders Cigno and BHF did not need a licence to issue loans to hundreds of thousands of consumers.

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