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Still no funder for AGL class action, but dismissal not a done deal
Competition & Consumer Protection 2023-11-27 2:49 pm By Sam Matthews

A judge has given a competition class action against AGL Energy another chance to secure funding, but imposed a “drop dead date” by which the proceeding will be dismissed if no funder is found.

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Settlement offer not inadmissible in case against law firm, judge says
Professional Negligence 2023-11-24 11:52 pm By Sam Matthews

A judge has ruled that a settlement offer made in a case can be adduced into evidence in a construction company’s suit against its former lawyers, finding that the offer was not covered by without penalty privilege.

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Clive Palmer loses challenge to rejection of Gold Coast development plan
Real Estate 2023-11-24 11:02 pm By Sam Matthews

Clive Palmer has lost his bid to overturn a council decision to reject his plan for a residential development at a Gold Coast flood plain, with a judge noting that would-be residents would be subject to the “adverse odours” of a nearby sewerage treatment plant.

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Mercer Financial hit with $12M penalty for fees-for-no-service conduct
Financial Services 2023-11-23 3:13 pm By Sam Matthews

A judge has ordered wealth manager Mercer Financial Advice to pay a $12 million penalty for “extremely serious” fees-for-no-service conduct and breaches of its fee disclosure obligations, in a case brought by the Australian Securities and Investments Commission. In the case, filed in June last year,  ASIC alleged that Mercer charged 761 customers a total…

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Phoney Airtasker lawyer wins three-month cut to sentence on appeal
Legal Ethics 2023-11-23 12:32 pm By Sam Matthews

A judge has reduced the jail sentence imposed on a Brisbane man who falsely represented he was a lawyer on the Airtasker app, but refused his bid to get away with a fine, saying a prison term “was the only appropriate sentencing option” in the case.

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Aveo’s $11M class action settlement OK’d, but ‘avoidable costs’ yet to be doled out
Class Actions 2023-11-22 11:32 pm By Sam Matthews

A judge has given the green light to a $11 million settlement in a class action against retirement village provider Aveo, but reserved his decision about whether a contested amount of over $1 million should go to group members or the law firm that brought the case.

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US firm beats Maurice Blackburn ‘on every conceivable dimension’, Hino class action judge told
Class Actions 2023-11-21 7:58 pm By Sam Matthews

Personal injury law firm Gerard Malouf & Partners has hit back at Maurice Blackburn’s challenge to its class action experience in a fight for carriage of a class action against a Toyota unit, saying the top US firm it has partnered with to run the case trumped the major Australian plaintiff firm “on every conceivable dimension”.

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Nine to pay Euro Pacific Bank chief $550,000 in defamation settlement
Defamation 2023-11-21 3:13 pm By Sam Matthews

Nine has agreed to pay Euro Pacific CEO Peter Schiff $550,000 to settle a defamation suit brought over a 60 Minutes report on an international tax evasion investigation, avoiding a contested hearing on the damages bill in the case.

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Nuix failed to disclose disappointing results after $1.8B float, court told
Trials 2023-11-20 9:25 pm By Sam Matthews

Nuix had information in January 2021 which undermined the growth story presented to the market in the prospectus for its IPO, a court has heard on the first day of ASIC’s case against the tech company and a handful of former directors.

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Ten wants to take spat over Lisa Wilkinson’s legal costs to Federal Court
Defamation 2023-11-17 11:50 pm By Sam Matthews

Network Ten is pushing to transfer proceedings by TV presenter Lisa Wilkinson for coverage of her legal bill in a defamation case by accused rapist Bruce Lehrmann to the court hearing the former Liberal staffer’s case.

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