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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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Net emissions from Mount Pleasant mega coal mine project not the point, appeals court told
Energy & Natural Resources 2024-02-12 11:59 pm By Cindy Cameronne

Federal environment minister Tanya Plibersek wrongly focused on the net effect of approving an application by MACH Energy and Whitehaven Coal to extend two mega coal mines in New South Wales, an advocacy group has told an appeals court.

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