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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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Arrium ‘bled cash’ from banks prior to $2.8B collapse, court told
Restructuring & Insolvency 2021-03-01 3:04 pm By Miklos Bolza

Directors of steel producer Arrium continued to borrow money from “vulnerable” lenders in the months prior to the company’s $2.8 billion collapse and “bled cash” despite the inevitable end, a number of lenders have said on the first day of a 40-day trial in the NSW Supreme Court.

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ASIC proves prescient with failure of mediation on eve of IOOF trial
Financial Services 2021-02-26 9:52 pm By Christine Caulfield

ASIC’s warning about the futility of mediation with an IOOF subsidiary has proved prophetic, with talks last week failing to resolve the regulator’s case ahead of trial starting Monday.

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Lawyer accused of ‘abysmal arrogance’ wins appeal of $360,000 defamation award
Appeals 2021-02-24 11:35 pm By Cat Fredenburgh

A lawyer who a judge accused of “abysmal arrogance and sense of privilege” has won her appeal of a ruling ordering her to pay $360,000 to her Balmain neighbour after a long-running property dispute culminated in an allegedly defamatory interview that was broadcast to over one million TV viewers on A Current Affair.

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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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Union calls for regulation after landmark ruling that Uber drivers are workers
Employment 2021-02-22 6:26 pm By Spencer Fowler Steen

The Transport Workers Union is calling on the government to regulate the gig economy in the wake of a unanimous ruling from the UK Supreme Court that found Uber drivers are not independent contractors but workers with the right to entitlements.

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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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Law firm can’t delay appeal over unpaid bill because QC won’t fly without vaccine
Legal Ethics 2021-02-17 2:54 pm By Christine Caulfield

Law firm Atanaskovic Hartnell has failed to postpone its appeal of a ruling over unpaid legal fees until after its senior counsel — who is stuck in London — can get a COVID-19 vaccine and return to Australia.

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Full Court hears government’s $325M fight with Sanofi over ban on Plavix generic
Intellectual Property 2021-02-16 4:13 pm By Miklos Bolza

Pharmaceutical companies Sanofi and Bristol-Myers Squibb are liable for losses to the federal government for excess subsidies it allegedly paid for the blood-thinner Plavix after an unjustified court injunction prevented the release of a generic version of the top-selling drug, an appeals court has heard.

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GetSwift slammed for ‘unfair attack’ on judge hearing class action, ASIC case
Class Actions 2021-02-15 7:18 pm By Miklos Bolza

GetSwift has been criticised for its “quite unfair attack” on a Federal Court judge who refused to disqualify himself from hearing a shareholder class action against the logistics software company after presiding over ASIC’s civil penalty proceeding against the company.

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