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The Good Guys promotions not so good for consumers, ACCC claims
Competition & Consumer Protection 2024-07-11 10:55 pm By Cindy Cameronne

The Australian Competition and Consumer Commission has brought proceedings against retailer The Good Guys, alleging it made misleading statements about store credit.Ā 

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With no evidence but ‘years of experience’, judge refuses costs order against failed litigant
Contracts 2024-07-11 11:55 pm By Cat Fredenburgh

A judge has tossed an unconscionable conduct case against IT company IT&C, but declined to order costs against the individual applicant, citing his “many years of experience”, but no firm evidence, in support of a finding that the order would harm the manā€™s mental health.

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EnerMech wins appeal in $10M feud with Acciona over Westconnex tunnel construction
Construction 2024-07-11 11:53 pm By Sam Matthews

Subcontractor EnerMech has won an appeal in its fight against Acciona over a $10 million progress payment for work on the Westconnex M4-M5 link, with an appeals court finding the question of whether EnerMech’s claim was a payment claim for construction work was a matter for an adjudicator, not the court.

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Champagne growers drop trade mark challenge on eve of trial
Intellectual Property 2024-07-11 11:23 pm By Cindy Cameronne

The French association representing wine producers from Champagne has discontinued its lawsuit against an Australian retailer after it agreed to only use seed extract from the Champagne region of France.Ā 

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Group members to get $34.7M in ANZ class action over credit card interest
Class Actions 2024-07-10 11:01 pm By Cat Fredenburgh

Group members in a class action against ANZ over credit card interest charges that settled for $57.5 million are expected to take home at least 60 per cent of the settlement sum after legal fees and a funder’s commission are deducted.

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In first, court finds non-bank lender Firstmac breached DDO obligations
Financial Services 2024-07-10 11:07 pm By Cindy Cameronne

In a win for ASIC, the Federal Court has found that non-bank lender Firstmac Limited breached the design and distribution obligations, introduced in 2021, by marketing a managed investment scheme that could be unsuitable for customersā€™ financial needs.Ā 

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HWL Ebsworth, ex-partner file competing appeals over expulsion finding
Appeals 2024-07-10 4:01 pm By Cindy Cameronne

HWL Ebsworth and a former capital partner have both appealed a ruling that found the partner was invalidly expelled in 2020 but that his partnership had been dissolved from the day he sued his former firm.Ā 

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BlueScope’s circumstantial evidence falls short in unfair dismissal case
Employment 2024-07-10 11:23 pm By Sam Matthews

The Fair Work Commission has ruled that an electrician with BlueScope Steel was unfairly dismissed following a complaint by a coworker who did not give evidence to the commission, finding that it was ā€œabundantly unfairā€ for the complaint to be advanced as hearsay evidence.

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Partner declined advice at key stage of Slater & Gordon share offload, court told
Trials 2024-07-09 10:24 pm By Cindy Cameronne

A law firm partner who alleges a Melbourne solicitor failed to properly advise him on a share sale agreement with Slater & Gordon in 2014 declined assistance before signing a term sheet that outlined he could not sell his shares in the firm for three years, a court has heard.

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Lawyers win appeal in professional negligence case over settlement advice
Professional Negligence 2024-07-09 11:54 pm By Sam Matthews

An appeals court has rejected a challenge by a woman who said she was given negligent advice by her lawyers about two settlement offers which she rejected, finding that she would not have taken advice to accept the offers in any case.

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