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Viagogo seeks stay of $7M penalty, citing ‘catastrophic effect’ of COVID-19 pandemic
Appeals 2021-02-23 2:29 pm By Miklos Bolza

Ticket reseller Viagogo is seeking a stay of a $7 million penalty in litigation brought by the ACCC in light of the “catastrophic effect” of the COVID-19 pandemic, as the company appeals a court’s finding that it misled customers on an “industrial scale”.

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Victoria launches royal commission into Crown Resorts
Crown Resorts 2021-02-22 9:19 pm By Cat Fredenburgh

A royal commission has been established in Victoria to look into whether Crown Melbourne is suitable to hold a casino licence in the state, following a damning report from the NSW gaming authority.

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Group members in Guvera class action could be left empty-handed
Class Actions 2021-02-22 3:29 pm By Spencer Fowler Steen

Group members in a class action against Oculus Accounting may not receive a payout after the company’s insurers refused to indemnify it against claims alleging the accounting firm was negligent in prompting an investment in failed music streaming platform Guvera.

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Surfstitch class action lawyers’ conduct not ‘egregious’, but payout should be capped, judge says
Class Actions 2021-02-22 3:19 pm By Miklos Bolza

A judge has signed off on a settlement in two shareholder class actions against clothing retailer Surfstitch, but has capped the legal costs and commissions sought by the litigation funders after finding the law firms behind the cases sent out notices to group members that were “misleading” and “understated” the risks of joining the class.

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‘Significant shortfall’: Recovery unlikely for investors of accused fraudster Melissa Caddick
White Collar 2021-02-22 1:44 pm By Cat Fredenburgh

Creditors of the company run by missing Sydney businesswoman Melissa Caddick are unlikely to recoup their investments, with a court hearing the accused fraudster has just $5,600 in her bank accounts.

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Banks will try to quash ‘incomprehensible’ indictment in ANZ cartel case
Competition & Consumer Protection 2021-02-22 1:26 pm By Miklos Bolza

Global investment banks and executives accused of engaging in criminal cartel conduct in relation to a $2.5 billion ANZ share placement in 2015 will seek to quash the “incomprehensible” indictment filed against them, claiming it is full of “fallacies”.

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Judge who called expert conclave a ‘car crash’ won’t recuse herself
Professional Negligence 2021-02-22 1:04 pm By Spencer Fowler Steen

A judge has refused to disqualify herself from hearing a complex medical negligence lawsuit after she described an expert conclave as a “car crash”, citing concerns over a psychiatrist giving opinions about liability in a surgical setting.

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Judge says tweaking class closure order requires analysis of power, won’t go there
Class Actions 2021-02-19 11:52 pm By Christine Caulfield

A judge has refused to extend the date by which Coles workers can register to join an employment class action against the supermarket giant as part of a class closure order, saying the amendment would force a hearing on his power to make the order.

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‘Novel and invasive’: Clive Palmer can’t get law firm docs for Queensland Nickel case
Restructuring & Insolvency 2021-02-19 10:59 pm By Miklos Bolza

Two Clive Palmer companies have again been blocked from accessing documents held by two law firms and a litigation funder to pursue a potential lawsuit against Queensland Nickel, with an appeal court dismissing the bid as “unmeritorious”.

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Hewlett-Packard loses appeal over sales commissions it capped ‘at whim’
Employment 2021-02-19 5:21 pm By Christine Caulfield

IT giant Hewlett-Packard Australia has lost its appeal of a judgment requiring it to cough up $370,000 in unpaid commissions to a former sales executive after a court found the company was not entitled to retrospectively cap her incentive payments ‘at whim’.

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