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ASIC loses bid for early punishment against Select AFSL
Competition & Consumer Protection 2022-07-22 10:07 pm By Cindy Cameronne

A judge has shot down ASIC’s bid for declarations against life insurer Select AFSL before a penalty hearing after finding that the insurer acted unconscionably when selling insurance over the phone.

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Pitcher Partners looks to shut down $128M Twigg family lawsuit
Professional Negligence 2022-07-22 8:48 pm By Cindy Cameronne

Accounting firm Pitcher Partners wants to shut down a lawsuit brought by the Twigg family alleging it helped race car driver Max Twigg misappropriate $127.8 million in family trust money for himself.

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Class action judge to hear academic’s bid to strike out a strike-out application
Employment 2022-07-22 1:10 pm By Christine Caulfield

The federal government wants to shut down an underpayments class action brought on behalf of postgraduate research candidates at universities across Australia, but the Federal Court has reluctantly agreed to first entertain the self-represented applicant’s bid to strike out the strike-out application.

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Kupang Resources takes battle for director’s tax docs to High Court
Energy & Natural Resources 2022-07-22 2:26 pm By Christine Caulfield

Mining company Kupang Resources has asked the High Court to weigh in on its bid for tax office documents as it litigates to recoup millions of dollars allegedly embezzled by the company’s former shadow director.

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Court refuses admission to would-be solicitor with child exploitation convictions
Business of Law 2022-07-22 10:37 pm By Sam Matthews

An appeals court has found that a hopeful solicitor and self-described pornography addict is not suitable for admission to the roll, in light of several child exploitation convictions for possessing images and videos that ā€œfell within the worst categories of such material.ā€

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SMBC sues Humm for $34M in worthless receivables linked to Forum Finance
Competition & Consumer Protection 2022-07-21 9:50 pm By Cindy Cameronne

Japanese bank SMBC has brought a $33.6M lawsuit against fintech Humm Group after its subsidiary Flexirent allegedly misled the bank about receivables under allegedly forged contracts between a Forum Group entity and Veolia Environmental Services.

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Crypto class action can’t have ‘luxury of litigating’ without costs, judge says
Class Actions 2022-07-21 1:03 pm By Sam Matthews

A judge has ordered the lead applicants in an unfunded class action against the Southport-based issuer of Qoin to cough up $750,000 in security, despite hearing submissions that the costs order would kill the case.

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Zurich loses bid to shut down NZ apartments class action
Insurance 2022-07-21 1:40 pm By Cindy Cameronne

Irish insurer Zurich Insurance has lost its appeal seeking to shut down a class action filed against it in the NSW Supreme Court over a defective New Zealand apartment block.

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No whey: IP Australia sides with Fonterra in rejecting protein patent
Intellectual Property 2022-07-21 9:13 pm By Sam Matthews

IP Australia has rejected the patent application of Scandinavian dairy giant Arla Foods amba, finding its high-protein whey-based yoghurt invention lacked an inventive step.

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Family who forged will of ‘worst landlord’ still at loggerheads over properties
Estates 2022-07-21 10:33 pm By Sam Matthews

A judge has flagged the ā€œregrettableā€ prospect of further litigation in relation the estate ofĀ  Melbourne businessman Frank Cassar, following a finding that Cassarā€™s will was forged in a conspiracy by his widow, daughter and son who feared losing his multimillion-dollar business empire after his death.

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