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Tyro secures $10M settlement in restraint of trade case against Lightspeed unit
Fintech 2024-02-16 5:52 pm By Cat Fredenburgh

EFTPOS provider Tyro has secured a $10 million settlement in a lawsuit accusing a unit of Canadian firm Lightspeed of violating a restraint of trade clause by encouraging Tyro customers to adopt its own competing payment system.

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Herbert Smith Freehills chases United Petroleum for costs over failed IPO dispute
Professional Negligence 2024-02-15 3:50 pm By Cindy Cameronne

Herbert Smith Freehills has filed proceedings against its former client United Petroleum, seeking costs of successfully defending a lawsuit alleging it acted negligently in relation to the company’s failed initial public offering in 2016. 

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ASIC sued by Forex liquidators looking to claw back $20M fine
Restructuring & Insolvency 2024-02-15 5:32 pm By Sam Matthews

In a case believed to be the first of its kind, the liquidators of boiler room trader Forex Capital Trading have sued ASIC, seeking to claw back over $20 million in fines and costs they says constituted unfair preference payments and should be distributed among the company’s out-of-pocket clients. 

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Paladin entities raised over $100M from investors without AFSL, lawsuit claims
Financial Services 2024-02-15 9:25 pm By Cat Fredenburgh

The Australian Securities and Investments Commission has taken two units of Paladin Group and one of its directors to court for allegedly raising more than $100 million from 258 investors without a financial services licence.

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High Court grants special leave in Ford class action over PowerShift transmissions
High Court 2024-02-14 1:11 pm By Christine Caulfield

The High Court has granted special to leave to a class action against Ford over allegedly PowerShift transmissions, agreeing to hear the case alongside two appeals in a class action against Toyota that deal with how reduction in value damages should be calculated under the Australian Consumer Law.

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Mazda ordered to pay $11.5M for ‘appalling’ customer service
Competition & Consumer Protection 2024-02-14 3:26 pm By Cat Fredenburgh

Mazda has been ordered to pay $11.5 million after a court found the Japanese car maker engaged in “appalling” customer service and misled nine purchasers of defective vehicles about their entitlement to a refund or replacement under the Australian Consumer Law.

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Arbitration clause sending shipping dispute to UK not void, High Court finds
Arbitration 2024-02-14 11:37 pm By Cat Fredenburgh

Adani subsidiary Carmichael Rail has lost its High Court challenge seeking to have a dispute over damaged steel rails heard in Australian Federal Court rather than by an arbitrator in London.

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DVA may face class action for sharing veterans’ sensitive medical data
Privacy & Cybersecurity 2024-02-13 5:22 pm By Cat Fredenburgh

The Department of Veterans’ Affairs is facing a class action investigation for allegedly sharing the sensitive medical and personal data of 300,000 veterans and their families without authorisation.

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Deductions to eat up 66% of Wellard shareholder class action settlement
Class Actions 2024-02-13 10:43 pm By Cat Fredenburgh

Group members in a shareholder class action against livestock exporter Wellard will get 34 per cent of a $23 million settlement if the court approves deductions sought by the funder and law firm that ran the case.

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SARB scores partial win on appeal in Melbourne city parking patent case
Intellectual Property 2024-02-13 11:49 pm By Christine Caulfield

Technology company SARB has partially succeeded in a challenge to a ruling that it infringed a rival’s intellectual property in its development of a parking system used by the City of Melbourne, with an appeals court finding a judge made an error in his reading of the claims of one patent at issue.

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