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Cigno, BHF say they did not need a licence for payday loans
Financial Services 2020-11-03 3:41 pm By Miklos Bolza

Facing an ASIC enforcement action over alleged breaches of Australian credit laws, payday lenders BHF Solutions and Cigno claim they did not need a licence to issue loans to hundreds of thousands of consumers.

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Citing dangers of ‘hypothetical postulation’, Full Court declines to answer common fund order question
Class Actions 2020-11-03 3:25 pm By Miklos Bolza

The Full Court Federal Court has declined to answer a question posed by 7-Eleven as to whether common fund orders can be made on settlement or judgment in a class action, saying the issue should be dealt with on facts, not assumptions. In a judgment handed down on Tuesday, the Full Court dismissed 7-Elevenā€™s bid…

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Dam operators, Queensland face ‘very large’ costs in floods class action
Class Actions 2020-11-03 1:27 pm By Spencer Fowler Steen

Embattled dam operators Seqwater and Sunwater, along with the State of Queensland, have been hit with costs in a class action over the 2011 floods that destroyed 2,000 homes and claimed 12 lives.

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Lawyer Alex Elliott ‘didn’t know any better’, Banksia class action trial hears
Class Actions 2020-11-02 10:36 pm By Christine Caulfield

The son of Banksia class action funder Mark Elliott, who has been accused of complicity in a fraudulent scheme to maximise the profits of the lawyers in the case, was young and inexperienced and didn’t know his father’s conduct was wrong, his barrister has told a court.

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Super fund REST reaches ‘groundbreaking’ settlement in lawsuit over climate disclosures
Environment 2020-11-02 9:22 pm By Miklos Bolza

Retail Employees Superannuation has settled a lawsuit brought by an ecological landscaper and activist over its climate change disclosures, acknowledging the need to identify the risks of climate change.

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Newspapers seek ‘deeply personal’ documents about Ben Roberts-Smith’s alleged affair
Defamation 2020-11-02 4:40 pm By Miklos Bolza

Lawyers from three newspapers being sued by war veteran Ben Roberts-Smith for defamation are seeking sensitive documents alleged to show the former soldier asked his wife to lie about an affair.

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‘Urgent action had to be taken’: Court tosses challenge to Victoria’s COVID-19 curfew
COVID-19 2020-11-02 2:18 pm By Miklos Bolza

The Victoria Supreme Court has dismissed a lawsuit by restaurant owner and Liberal member Michelle Loielo challenging the validity of the Victoria government’s now dropped COVID-19 curfew, with a judge finding that the measure was legal and “proportionate to the purpose of protecting public health”.

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Viagogo appeals $7M penalty for duping consumers
Competition & Consumer Protection 2020-11-02 1:42 pm By Cat Fredenburgh

Viagogo has appealed a $7 million penalty handed down after a judge found the ticket reseller had misled consumers into thinking it was an official vendor and failed to disclose booking fees of around 28 per cent.

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Common fund order issue can’t be decided in ‘evidentiary vacuum’, NSW appeals court says
Class Actions 2020-10-30 11:06 pm By Christine Caulfield

The NSW Court of Appeal has passed on the question of whether a judge can make a common fund order when a class action settles to ensure a certain return to litigation funders, but the issue is not going away, whatever the Federal Court’s decision in a parallel case.

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Findex can’t enforce ‘convoluted’ restraint clauses against advisor who poached clients, court says
Accounting 2020-10-30 10:23 pm By Miklos Bolza

Accounting firm Findex has lost an appeal of a court’s judgment tossing its case against a former financial advisor, despite the court finding he had poached the company’s clients and caused $742,000 in losses.

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