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Dover Financial sues lawyers for negligence over advice on client protection policy
Financial Services 2020-04-17 5:19 pm By Christine Caulfield

Defunct financial adviser Dover Financial has sued three separate law firms for allegedly negligent advice over a ‘client protection policy’ that the Federal Court found was misleading, deceptive and an “exercise in Orwellian doublespeak”.

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Westpac class action denied AUSTRAC docs while multiplicity issue unresolved
Class Actions 2020-04-17 3:40 pm By Alison Eveleigh

The second of two class actions brought against Westpac over alleged anti-money laundering breaches has been denied discovery of what the bank claims are commercially sensitive documents until the law firms behind the class actions work out how their competing cases will proceed.

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Judge tosses Viterra’s ‘wholly unreasonable’ bid to reopen Cargill case
Corporate 2020-04-17 3:26 pm By Cat Fredenburgh

Grain handling group Viterra has been denied a post-hearing bid to reopen a lawsuit brought by Cargill Australia over its $420 million acquisition of Joe White, with a judge finding the application would lead to “substantial disruption and delay”.

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High Court takes up challenge to AMP class action beauty parade
Appeals 2020-04-17 2:15 pm By Christine Caulfield

The High Court has agreed to weigh in on a decision last year to pick Maurice Blackburn’s case as the winner of a beauty parade of shareholder class actions against AMP over the wealth manager’s controversial fees for no service.

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ISignthis fights to keep lid on ‘damaging’ ASX findings
Securities 2020-04-16 8:36 pm By Alison Eveleigh

Publication of a document outlining the Australian Stock Exchange’s reasons for suspending the shares of ISignthis would be ‘damaging’ to the fintech company and should be barred until after the trial, a court has heard.

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ASIC wins injunction against Mayfair 101 promotion language
Financial Services 2020-04-16 5:09 pm By Miklos Bolza

A judge has issued a temporary injunction limiting how Mayfair 101 can promote two of its investment products, in proceedings brought by ASIC accusing the investment firm of misleading and deceptive advertising.

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‘We must at least try’: Judge says virtual trial will go ahead in Ford class action
Class Actions 2020-04-16 4:55 pm By Cat Fredenburgh

Ford has lost its bid to delay an upcoming virtual trial in a class action over allegedly defective PowerShift transmissions, with a judge saying the parties must try to make a virtual trial work because the current “unsatisfactory” circumstances caused by the coronavirus pandemic could continue for a year or more.

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Judge not ready to toss defamation case against Twitter, Google over tweets
Defamation 2020-04-16 1:58 pm By Miklos Bolza

A judge has refused to summarily dismiss a defamation case brought by a government worker against Twitter, Google and Yahoo over racist, homophobic, anti-Muslim and conspiratorial tweets resulting from an alleged identity theft.

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Colette administrators not liable for rent payments in COVID-19 downturn, court rules
Restructuring & Insolvency 2020-04-15 8:12 pm By Christine Caulfield

Administrators of collapsed retailer Colette by Colette Hayman will not have to pay over $714,000 in rent after court ruled that a temporary rent freeze in light of the COVID-19 crisis was in the interests of the company’s creditors.

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High Court quashes AFP warrant used to raid News Corp journalist’s home
Media 2020-04-15 8:06 pm By Christine Caulfield

The High Court has quashed a search warrant obtained by the Australian Federal Police and used to raid a News Corp journalist’s home, but did not go so far as to order the return or destruction of documents obtained in the raid.

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