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Nothing wrong with judge’s reasons, law firm just didn’t like them, court told
Employment 2023-11-16 11:21 pm By Christine Caulfield

Atanaskovic Hartnell was not hard done by in a judgment that ordered payment of entitlements to a former general manager and rejected its cross-claims against the woman, an appeals court has been told. The law firm was just unhappy with the decision.

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Mamamia founders win client file from lawyer in negligence case over $16M Sydney mansion
Professional Negligence 2023-11-16 11:49 pm By Christine Caulfield

The founders of news website Mamamia have secured access to their client file from a former HWL Ebsworth partner, who is accused of professional negligence in his handling of a dispute with the landlord of the couple’s $16 million Bellevue Hill mansion.

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Unfunded class action by Sydney townhouse owners dodges security for costs
Class Actions 2023-11-16 11:46 pm By Christine Caulfield

A judge overseeing a class action by the owners of lots in a townhouse development in the Sydney suburb of Alexandria has rejected an application for security for costs, noting the case has been brought by individuals who stand to lose their properties if they fail to pay costs.

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ASIC can’t temporarily block payday lenders from charging fees
Financial Services 2023-11-16 9:54 pm By Cat Fredenburgh

The Australian Securities and Investments Commission has lost its bid to temporarily restrain payday lenders Cigno and BSF Solutions from enforcing loan fees against 7,000 customers, with a judge finding an injunction could destroy their businesses.

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‘You’ve got to learn to take yes for an answer’: Judge not inclined to seek Full Court’s view on solicitors CFO
Class Actions 2023-11-15 11:20 pm By Cat Fredenburgh

The judge overseeing a class action against collapsed investment manager Blue Sky has said he would not be inclined to seek clarity from the Full Court on whether the court has the power to make a solicitors common fund order unless one of the defendants raised a challenge.

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Atanaskovic Hartnell accuses judge of ‘complete failure’ to discharge duty
Appeals 2023-11-15 11:31 pm By Christine Caulfield

The judge who awarded more than $320,000 to a former general manager of Atanaskovic Hartnell after finding she endured a “campaign of denigration” by the law firm’s founder fundamentally failed to discharge his judicial function, an appeals court has heard.

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‘Great distance’ between sides in AUSTRAC’s case against Star, court told
AUSTRAC 2023-11-15 2:30 pm By Christine Caulfield

Star Entertainment has made admissions in AUSTRAC’s action alleging non-compliance with anti-money laundering and counter-terrorism financing laws, but there are still substantial issues in dispute, a court has heard.

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Santos barred from Barossa Gas pipeline works near Tiwi Islands
Environment 2023-11-15 11:42 pm By Christine Caulfield

Energy company Santos can begin construction of a pipeline for its $5.6 billion Barossa Gas project but has been barred from any work within 70km of the Tiwi Islands.

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Gilbert + Tobin seals the deal to lead Jaguar class action
Class Actions 2023-11-15 10:43 pm By Cat Fredenburgh

Gilbert + Tobin and the funder backing a class action against Jaguar Land Rover over allegedly defective diesel filters have given an undertaking that they won’t seek more than 25 per cent of any settlement or judgment, sealing the deal to run the case after triumphing in a carriage contest.

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Ford scores partial win in class action appeal over defective PowerShift transmissions
Class Actions 2023-11-14 1:41 pm By Cat Fredenburgh

US car giant Ford has partially succeeded in its challenge to a judgment that found it owed more than $6,800 to the lead applicant in a class action over defective PowerShift transmissions, but the High Court may ultimately decide how damages should be calculated under the Australian Consumer Law for reduction in value.

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