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High Court asked to weigh in on client’s burden of proof in HWL Ebsworth negligence case
Business of Law 2024-05-07 11:48 pm By Cat Fredenburgh

The High Court has been asked to weigh in on whether a client needs to prove it could have exploited a lost commercial right in order to prevail in a law firm negligence case, after HWL Ebsworth successfully appealed a decision that found its bad advice over property in Parramatta’s ‘Auto Alley’ cost a client $2 million.

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Funder’s ‘very large’ cut of $100M AMP class action revealed
Class Actions 2024-05-07 11:01 pm By Cindy Cameronne

The funder of a class action by financial advisers against AMP is seeking a $28.5 million profit from a $100 million settlement, a hefty payout that has prompted the appointment of a contradictor but may survive the scrutiny in light of a recent appeals court decision.

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Instagram resolves trade mark feud with data app Instagoods
Intellectual Property 2024-05-07 11:53 pm By Cat Fredenburgh

Instagram has resolved a long-running intellectual property stoush with an Australian dating app over its use of the ‘Instagoods’ and ‘Instadate’ marks.

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Qantas to pay $120M to settle ACCC’s ‘ghost flights’ case
Competition & Consumer Protection 2024-05-06 8:29 am By Christine Caulfield

Qantas will pay a $100 million penalty and another $20 million in compensation in a settlement of the ACCC’s so-called ghost flights case that includes an admission by the airline that it engaged in misleading and deceptive conduct in selling tickets for cancelled flights.

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ATO’s ‘all or nothing’ approach to key tax law provision rejected by court
Tax 2024-05-06 11:59 am By Sam Matthews

The ATO has lost its appeal of a tribunal decision in favour of Perth land developer Tina Bazzo, with the court rejecting its “all or nothing” approach to a key provision of the Taxation Administration Act.

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Insurers for failed finance lender Axsesstoday settle class action claims
Class Actions 2024-05-06 2:00 pm By Christine Caulfield

A class action against failed asset finance lender Axsesstoday and auditor PricewaterhouseCoopers has reached an in-principle settlement with the lender’s insurers.

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Public housing class action tossed, but judge gives applicant another shot
Class Actions 2024-05-03 4:18 pm By Sam Matthews

A judge has granted the Victorian government’s bid to dismiss a class action over its decision to retire Melbourne’s high-rise public housing towers, but allowed the applicant to recast his claim, despite protests from the state. 

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Qoin crypto issuer made misleading statements, court finds in win for ASIC
Cryptocurrency 2024-05-03 11:15 pm By Cindy Cameronne

A court has found Qoin cryptocurrency issuer BPS Financial made false and misleading claims about its product, in a win for the corporate regulator and a likely boost for a class action against the Gold Coast-based digital currency company.

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Judge questions ‘independent skill and judgment’ in third class action against IC Markets
Class Actions 2024-05-03 3:54 pm By Sam Matthews

A judge has questioned the “independent skill and judgment” applied to the pleading in a third class action filed against International Capital Markets over risky derivative products, amid a “hot contest as to carriage and forum”.

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Judge ‘outraged’ over NSW Police’s delays in strip search class action
Class Actions 2024-05-03 4:10 pm By Cindy Cameronne

A judge hearing a class action against the New South Wales government and police commissioner over allegedly illegal strip searches at music festivals has criticised the state for failing to comply with court orders on time. 

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