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Class action against Quintis founder settles, but law firm fight looms over ‘parasitic’ claim
Class Actions 2024-07-31 2:00 pm By Sam Matthews

A Gadens-led class action against former Quintis director Frank Wilson has settled, but a second class action filed by a rival firm has flagged a potential claim on the settlement funds over a cause of action said to have been “picked up parasitically”. 

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Court questions GM’s interpretation of settlement in Holden class action
Class Actions 2024-07-22 11:04 pm By Sam Matthews

An appeals court has questioned General Motors’ construction of its settlement with the applicant in a class action on behalf of Holden dealers, as the car maker seeks to overturn a ruling that put it on the hook for the applicant’s full costs.

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Promise did not seal contract, judge says in tossing Cirrus case over NZ Defence Force training
Contracts 2024-07-15 11:32 pm By Sam Matthews

A judge has tossed a contract claim brought against aircraft maintenance company Hawker Pacific by scorned subcontractor Cirrus RTPS, finding that a purported agreement surrounding a joint bid for services offered by the New Zealand Defence Force was not intended to be binding.

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PwC to pay $8.25M to settle class action over bond prospectus
Class Actions 2024-07-03 11:30 pm By Cat Fredenburgh

PricewaterhouseCoopers has agreed to pay $8.25 million to settle a class action on behalf of Axsesstoday bondholders over an allegedly misleading bond prospectus, bringing the settlement total to $9.5 million after a group of insurers agreed to pay $1 million to settle the class action’s claims.

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Kraken crypto exchange operator denies it offered credit facility
Cryptocurrency 2024-07-01 11:22 pm By Sam Matthews

The Australian provider of the Kraken crypto exchange has told a court that its margin trading product is not a credit facility, rejecting the corporate regulator’s “overly broad” definition of the word ‘credit’. 

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Axsesstoday investor class action reaches settlement with PwC
Class Actions 2024-06-28 1:10 pm By Cindy Cameronne

A class action on behalf of Axsesstoday bondholders has reached a settlement with accountants PricewaterhouseCoopers, with a court hearing that group members will get almost 50 per cent of the proceeds. 

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ASIC says judge erred in assessing Gilbert + Tobin’s advice to crypto provider
Cryptocurrency 2024-06-18 3:36 pm By Sam Matthews

ASIC has wasted no time in appealing a judge’s decision to excuse cryptocurrency product provider Block Earner from paying a civil penalty on the basis that it took advice from a leading law firm that was not seen by the court. 

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Crypto provider spared penalty in ASIC case because it took advice from leading law firm
Cryptocurrency 2024-06-04 3:12 pm By Cindy Cameronne

A judge has excused cryptocurrency product provider Block Earner from paying a penalty in a case brought by ASIC, despite finding it provided a financial product without a licence, because it obtained legal advice and genuinely believed it was not breaching the law.

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Equity = equal: Western Power, Ventia must pay same in Parkerville bushfire costs, court says
Energy & Natural Resources 2024-05-22 11:12 pm By Christine Caulfield

Equitable contribution by Western Power, Ventia and a property owner found jointly liable for the same loss resulting from the Parkerville bushfire in WA must be mathematically equal regardless of how the liability was apportioned, a judge has found.

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High Court asked to weigh in on client’s burden of proof in HWL Ebsworth negligence case
Business of Law 2024-05-07 11:48 pm By Cat Fredenburgh

The High Court has been asked to weigh in on whether a client needs to prove it could have exploited a lost commercial right in order to prevail in a law firm negligence case, after HWL Ebsworth successfully appealed a decision that found its bad advice over property in Parramatta’s ‘Auto Alley’ cost a client $2 million.

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