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Google tells court consumer law doesn’t help users who don’t help themselves
Competition & Consumer Protection 2021-11-29 9:32 pm By Cindy Cameronne

Google has hit back at the ACCC’s case accusing it of misleading users about a change to its privacy policy, saying laws against misleading and deceptive conduct do not apply to those who did not read the notification about the change.

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HWL Ebsworth found negligent, but avoids $424,000 damages bill by ex-client
Professional Negligence 2021-11-29 1:05 pm By Miklos Bolza

Law firm HWL Ebsworth has dodged a $424,000 damages claim by a Brisbane property developer, despite a judge finding the law firm was negligent in failing to properly follow its client’s instructions on a contract of sale for large block of units.

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Judge approves $750,000 penalty against La Trobe Financial despite ‘considerable hesitation’
Financial Services 2021-11-29 11:57 am By Cat Fredenburgh

La Trobe Financial Asset Management will pay just $750,000 for misleading investors in its 48 hour and 90 day notice accounts over a period of more than three years, with a judge saying the company would have faced a penalty “well in excess” of this amount if not for reassuring correspondence from ASIC during its investigation.

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Vina Money Transfer to plead guilty in criminal cartel case
Competition & Consumer Protection 2021-11-29 10:09 pm By Cindy Cameronne

Money transfer business Vina Money Transfer and two of five individuals accused of fixing foreign exchange rates on millions of dollars transferred between Australia and Vietnam will plead guilty to criminal cartel charges, a court has heard.

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Slater & Gordon’s former boss admits to ‘catastrophic error’
Trials 2021-11-26 9:30 pm By Miklos Bolza

Former Slater & Gordon managing director Andrew Grech has told the Federal Court he regretted his “catastrophic error” in approving the $1.2 billion acquisition of Quindell’s professional services division, which resulted in massive losses for the plaintiffs law firm.

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Arnold Bloch Leibler to pay $28M in class action settlement
Class Actions 2021-11-26 6:51 pm By Miklos Bolza

Law firm Arnold Bloch Leibler will part with $28 million in its settlement with Slater & Gordon shareholders over advice ahead of the plaintiffs firm’s disastrous $1.2 billion Quindell acquisition.

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Judge pulls up ASIC for ‘strange’ handling of GetSwift case
Securities 2021-11-26 5:06 pm By Miklos Bolza

A judge has dressed down ASIC over the handling of its action against GetSwift, criticising the regulator’s failure to seek a court injunction to prevent the company’s relocation to Canada.

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Norton Rose wins appeal against sacked partner, but faulted for ‘serious error in judgment’
Employment 2021-11-26 7:14 pm By Bianca Hrovat

Law firm Norton Rose Fulbright has won its appeal of a $160,000 judgment in favour of former partner Thomas Martin, with the Full Federal Court finding Martin’s allegations of deceit arose from “an excess of suspicion” and “causal connections of the most tenuous kind”.

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Banksia judge made no allowance for ‘youth and inexperience’ of Mark Elliott’s son, appeal says
Appeals 2021-11-26 12:48 pm By Christine Caulfield

The judge who made findings against the son of the mastermind behind the Banksia class action scam may have formed strong views about the 27-year-old’s role before he testified and used the flawed suggestion that he was his father’s right-hand man as an “evidential gap filler”, an appeals court has been told.

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Group costs order not ‘appropriate or necessary’ in G8 shareholder class action, court told
Fiona Forsyth 2021-11-26 9:53 pm By Cindy Cameronne

A judge hearing the second ever application for a group costs order in a shareholder class action against early childhood education provider G8 Education has heard she should reject the request because it is not “appropriate or necessary” to ensure justice in the proceeding.

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