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Smile Direct Club bites back in lawsuit over teeth straightener claims
ACCC 2022-04-07 10:10 pm By Sam Matthews

The maker of the popular Invisalign dental aligners may soon face a cross-claim from competitor SmileDirectClub, which it sued for allegedly misleading consumers about the cost and efficacy of its direct-to-consumer teeth alignment kits. 

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Judge to appoint costs referee in $56.3M Colonial First class action settlement
Class Actions 2022-04-06 3:33 pm By Sam Matthews

Continuing a recent trend in class actions, a judge will appoint a referee to weigh in on Maurice Blackburn’s costs in a $56.3 million settlement in a class action against Colonial First State, but has so far declined to appoint a contradictor.

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High Court awards Paralympian $6.75M for fall in campdrafting competition
High Court 2022-04-06 5:21 pm By Sam Matthews

The High Court has ordered a sports association to pay $6.75 million to a woman who suffered a serious spinal injury after falling during a campdrafting competition in Ellerston, New South Wales, overturning an appeals court decision that cleared the association of negligence.

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Snap Fitness franchisee appeals denial of coverage for pandemic-related loss
Allens 2022-04-06 5:29 pm By Sam Matthews

Snap Fitness franchisee Dural 24/7 has appealed a ruling that found insurer Lloyd’s could rely on a conformity clause in its insurance contract to deny coverage to the NSW gym for losses related to the coronavirus pandemic.

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Nine pays $39,000 to settle defamation case by writer Clementine Ford
Defamation 2022-04-05 1:46 pm By Sam Matthews

Nine-owned Fairfax Media and journalist Tory Maguire have settled a defamation lawsuit brought by feminist writer Clementine Ford over a statement Maguire made referring to “vile and personal attacks” by Ford.

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‘Bad luck’: Judge denies penniless Captain Cook College’s appeal delay bid
Competition & Consumer Protection 2022-04-05 8:59 pm By Sam Matthews

A judge has rejected an application by training provider Captain Cook College to postpone the hearing of its appeal in a case won by the ACCC, saying the company’s inability to fund the appeal was “largely a problem of [its] own making.”

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ASIC slaps wealth guru with four-year financial services ban
Financial Services 2022-04-05 2:24 pm By Sam Matthews

Lawyer and wealth guru Dominique Grubisa has been banned from providing financial services and engaging in credit activity for four years, after ASIC found she embellished her qualifications and encouraged students to improperly use Family Court listings to identify investment opportunities. 

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Insurer on hook for doctor’s costs in breast implant class action
Insurance 2022-03-31 1:59 pm By Sam Matthews

An appeals court has found that Avant Insurance must indemnify a plastic surgeon for his legal bills and the claims of all relevant group members in a class action over alleged botched breast augmentations.

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Judge says vaccine lawsuit against Monash Health was not ‘doomed to fail’
COVID-19 2022-03-31 7:06 pm By Sam Matthews

A judge has declined to award costs against a group of nurses who recently dropped their Fair Work lawsuit against Monash Health, saying the case was not “doomed to fail” and noting the “extremity” of the Victorian government’s vaccine mandate for workers.

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Barristers warn against blanket rule for return to chambers
Business of Law 2022-03-30 7:25 pm By Sam Matthews

Barristers have cautioned against a one-size-fits-all approach amid calls for a return to chambers and ‘business as usual’ in the New South Wales courts.

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