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In loss for TerraCom, Full Court finds ASIC can view PwC report
Appeals 2022-09-07 12:57 pm By Sam Matthews

Coal mining firm TerraCom has lost its Full Court bid to shield a PricewaterhouseCoopers report from ASIC, on appeal from a judgment which found the regulator could view the report because of public statements made by the company.

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Snap Fitness franchisee loses COVID-19 coverage appeal, but ‘conformity clause’ debate still live
Insurance 2022-08-31 11:30 pm By Christine Caulfield

An appeals court has dismissed a challenge brought by a Snap Fitness franchisee to a ruling that found insurer Lloyd’s could rely on a conformity clause in its policy to deny business interruption coverage to the NSW gym for losses related to COVID-19.

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Mawhinney slammed for taking lawyers’ reputation ‘hostage’ in ASIC appeal
Financial Services 2022-08-26 11:50 pm By Sam Matthews

The former legal representatives of James Mawhinney have hit back at allegations of incompetence by the embattled Mayfair 101 founder on the last day of his appeal against decisions that saw him banned from soliciting funds or promoting any financial product for 20 years.

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Inchcape keeps up fight with Chubb over coverage for ransomware attack losses
Appeals 2022-08-26 11:12 pm By Cat Fredenburgh

UK automotive distributor Inchcape has challenged a judgment that put insurer Chubb on the hook for some but not all of the financial losses stemming from a cyberattack that allegedly caused $4 million in loss.

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Lawyers’ failure kept me from claiming privilege, says Mayfair’s Mawhinney
Financial Services 2022-08-22 11:26 pm By Sam Matthews

The founder of beleaguered investment group Mayfair 101, James Mawhinney, has argued that multiple law firms failed to advise him of the privilege against self-exposure to penalty in proceedings brought by the corporate regulator, which saw him banned from soliciting funds or promoting any financial product for 20 years.

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High Court to weigh in on COVID-19 cancellation of hotel sale
COVID-19 2022-08-22 10:06 pm By Cat Fredenburgh

The High Court has agreed to weigh in on whether government restrictions on social gatherings during the COVID-19 pandemic frustrated a $11.25 million contract for sale of a hotel in the Sydney suburb of Pyrmont.

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Onus on franchisor to prove $1.2M security would not kill class action, Full Court told
Class Actions 2022-08-22 11:57 pm By Christine Caulfield

Fighting what they say is a stultifying $1.23 million order for security for defence costs in a class action, franchisees of Hog’s Breath Cafe have argued it is up to the restaurant chain to prove group members can pony up the dough.

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Redbubble files appeal in long-running Hells Angels trade mark stoush
Appeals 2022-08-19 11:59 pm By Cat Fredenburgh

Redbubble is challenging a judgment that found T-shirts and face masks sold on its platform violated Hells Angels’ trademarks and awarded damages to the motorcycle group.

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Ex-Orix boss appeals ruling allowing fleet company set-off defence
Employment 2022-08-18 11:32 pm By Christine Caulfield

The sacked boss of fleet management Orix Australia, who is seeking $1 million in unpaid leave, wants to challenge a decision allowing the company’s defence that anything it owes is set off by the losses the former CEO allegedly caused.

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No jackpot for Aristocrat, with High Court split on computer-implemented inventions
High Court 2022-08-17 11:12 pm By Cindy Cameronne

Gaming giant Aristocrat Technologies has lost its legal challenge to a decision that rejected a patent for its popular Lightning Link electronic poker machine, after six High Court Justices were equally split on whether it could be patented.

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