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Class action by sexual abuse survivors accuses law firm of negligence
Class Actions 2024-07-23 11:09 pm By Cat Fredenburgh

A class action has accused not for profit community legal service Knowmore Legal of breaching its duty of care and providing negligent advice to survivors of institutional child sexual abuse who settled their claims under the National Redress Scheme when they could have recovered more by taking their claims to court.

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Negligence case against Malouf Solicitors over ‘doomed to fail’ cases thrown out
Professional Negligence 2024-07-23 11:01 pm By Cat Fredenburgh

A medical imaging company has lost its negligence case alleging Malouf Solicitors failed to advise it that its defences in District Court proceedings were doomed to fail, with a judge finding the company’s executives were informed of the risks of defending the case.

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Court questions GM’s interpretation of settlement in Holden class action
Class Actions 2024-07-22 11:04 pm By Sam Matthews

An appeals court has questioned General Motors’ construction of its settlement with the applicant in a class action on behalf of Holden dealers, as the car maker seeks to overturn a ruling that put it on the hook for the applicant’s full costs.

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McGrathNicol partners duck apprehended bias claims in Globaltech administration
Restructuring & Insolvency 2024-07-22 11:43 pm By Cindy Cameronne

A judge has rejected an application by a director of mining tech company Globaltech to replace administrators from McGrathNicol after arguing there was an appearance of bias since their fellow partners used to be on the board of its biggest unsecured creditor, Boart Longyear.

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Former Big Un CFO doesn’t have to file defence in liquidators’ case
Restructuring & Insolvency 2024-07-22 3:47 pm By Cindy Cameronne

The CFO of former market darling Big Un, who has been charged with insider trading, has been excused from filing a defence or taking other procedural steps in the collapsed company’s case against its ex-directors. 

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High Court asked to weigh plea for Australians in Syrian refugee camp
Human Rights 2024-07-22 11:56 pm By Christine Caulfield

A human rights group is continuing its fight for the release of Australians held in a Syrian refugee camp, bringing its case for a writ of habeas corpus to the High Court.

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Early common fund orders blessed by NZ appeals court in ANZ class action
Class Actions 2024-07-19 10:00 pm By Cindy Cameronne

A New Zealand appeals court has ruled that common fund orders can be made in class actions, even at the early stages, departing from the High Court of Australia in finding the commercial viability of a proceeding enhances access to justice. 

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Amex hit with $8M penalty in first ever case over DDO breaches
Financial Services 2024-07-19 1:58 pm By Cindy Cameronne

A judge has ordered credit card giant American Express to pay $8 million in ASIC’s first-ever case over design and distribution obligations, but has criticised the recently enacted provisions as being “poorly drafted”. 

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Wealth guru Dominique Grubisa, DG Institute hit with $6M penalty
Competition & Consumer Protection 2024-07-19 10:42 pm By Sam Matthews

The ACCC has secured $6 million in penalties against wealth education company DG Institute and its CEO Dominique Grubisa, as well as orders that the company refund $14.7 million in course fees to customers who enrolled in its ‘Master Wealth Control’ program.

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Judge recuses himself from Sunshine Loans penalty hearing, calls for new court protocol
Legal Ethics 2024-07-18 11:15 pm By Sam Matthews

The judge who presided over ASIC’s successful case against payday lender Sunshine Loans has recused himself from deciding on penalty in the matter, saying a new court protocol might be needed for when a judge makes an adverse credit finding during the liability phase of a case.

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