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ASIC accuses REST of deceiving members over super fund transfers
Financial Services 2021-03-02 9:48 pm By Christine Caulfield

The Australian Securities and Investments Commission has brought court action against Retail Employees Superannuation, alleging the super trustee may have misled members about their ability to move their super out of the REST Trust.

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Clough Limited can’t claim $15M in taxes from cancellation of employee entitlements, court rules
Tax 2021-03-02 9:23 pm By Cindy Cameronne

Construction company Clough Limited cannot claim over $15 million paid to employees for cancellation of their shares and options as a tax deduction, with a judge dismissing the Perth-based company’s appeal of a decision from the Commissioner of Taxation.

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Teens’ class action warns of ‘catastrophic harm’ if Whitehaven coal mine approved
Environment 2021-03-02 7:46 pm By Spencer Fowler Steen

Trial kicked off Tuesday in a landmark class action brought by teenagers seeking to halt the expansion of a Whitehaven coal mine in NSW, with the barrister for the teens arguing catastrophe was likely if the expansion was blessed by the Federal Minister for the Environment.

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Herbert Smith Freehills warned Arrium of insolvent trading risk, court told
Restructuring & Insolvency 2021-03-02 5:43 pm By Miklos Bolza

Doomed iron and steel giant Arrium attempted to stave off its inevitable $2.8 billion collapse and put off negotiating with its lenders until the last minute despite warnings from its legal and financial advisors, liquidators for the company told the court.

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Group members to get more than half of $37.75M Estia class action settlement
Class Actions 2021-03-02 3:48 pm By Cat Fredenburgh

More than half of the $37.75 million settlement reached in a shareholder class action against aged care provider Estia Health will be left for distribution to group members if the settlement is approved at an upcoming hearing.

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Financial adviser drops defence in ASIC’s bad advice case against IOOF unit
Financial Services 2021-03-02 3:00 pm By Christine Caulfield

A former financial planner of IOOF unit RI Advice, who has been accused by ASIC of pocketing hefty commissions from clients steered to risky investments, has abandoned his defence on the second day of trial.

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Judge says separate questions are ‘fraught’ but allows hearing in Pizzeys client poaching dispute
Intellectual Property 2021-03-02 12:09 pm By Spencer Fowler Steen

A judge has allowed a hearing on separate questions concerning the validity of a non-compete agreement in a lawsuit brought against two patent lawyers who jumped ship by boutique IP firm Pizzeys Patent and Trade Mark Attorneys, despite expressing concerns that “separate questions are fraught”.

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Fair trial may not be possible for adviser targeted by ASIC in IOOF unit case, court told
Financial Services 2021-03-01 9:57 pm By Christine Caulfield

A financial adviser at the centre of ASIC’s bad advice case against an IOOF unit might mount an argument that a fair trial is not possible because of his “fulsome” answers to investigators during a compulsory examination.

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Partner in age discrimination suit says Deloitte acting like he’s out the door
Employment 2021-03-01 6:28 pm By Miklos Bolza

A partner who hit Deloitte with a $3.8 million age discrimination lawsuit says the accounting giant has been treating him as an “inactive partner” who is on the verge of retiring, including by failing to conduct a performance assessment for the 2021 financial year.

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Former QC, now judge liable to client in negligent advice case, court rules
Professional Negligence 2021-03-01 6:11 pm By Cindy Cameronne

A former QC turned Victorian Supreme Court judge has been found liable, along with a law firm acquired by Russell Kennedy, to pay $1.185 million to a former client for providing negligent advice on a land purchase contract.

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