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In win for ACCC, Full Court says vulnerability not essential to proving unconscionable conduct
Appeals 2021-03-22 1:39 pm By Miklos Bolza

The Full Federal Court has ruled that unconscionable conduct under the Australian Consumer Law is not confined to exploitation of vulnerable parties, in an “extremely significant” judgment that will extend the reach of the unconscionable conduct provisions and protect a wider swathe of consumers.

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Former QC, now judge liable to client in negligent advice case, court rules
Professional Negligence 2021-03-01 6:11 pm By Cindy Cameronne

A former QC turned Victorian Supreme Court judge has been found liable, along with a law firm acquired by Russell Kennedy, to pay $1.185 million to a former client for providing negligent advice on a land purchase contract.

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Court shoots down Prime Trust liquidators’ bid for global proof of debt to compensate unitholders
Restructuring & Insolvency 2021-02-18 2:21 pm By Miklos Bolza

The liquidators of retirement village group Australian Property Custodian Holdings, which went into administration in 2010 owing $948 million, have had their proposal to compensate unitholders under a global proof of debt rejected by a judge, who called the plan vague and “unsatisfactory”.

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Law firm ordered to cease acting in $51M property spat with ex-client
Legal Ethics 2021-02-15 3:59 pm By Spencer Fowler Steen

A judge has ordered a Melbourne-based law firm to stop acting for property company Xriso in a case against a former client over the terms of a deposit for a $51 million Werribee development in which the firm’s managing partner is likely to be a key witness.

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Barrister settles lawsuit over client loss in $24.5M property spat
Trials 2021-02-04 4:36 pm By Miklos Bolza

A Victorian barrister has reached a settlement on the eve of trial in a breach of fiduciary duty lawsuit brought by a former client who lost a court case over a $24.5 million real estate dispute.

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Law firm, barrister face negligence trial over client’s loss in $24.5M property spat
Professional Negligence 2021-01-28 4:15 pm By Miklos Bolza

A Melbourne law firm and barrister will soon face trial over allegations of breach of fiduciary duty brought by a former client who lost a lawsuit over a $24.5 million property joint venture.

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Millionaire couple sues developer over artistic rendering of $10M dream home
Real Estate 2021-01-28 4:00 pm By Spencer Fowler Steen

The wealthy owners of a Melbourne shoe manufacturer are taking a unit of property developer JD Group to trial this week, alleging “artist impressions” of a nearly $10 million off-the-plan high rise inner city apartment were misleading and deceptive.

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Daughter of property data pioneer Ray Catelan prevails in fight over Excelsior shares
Securities 2021-01-15 5:17 pm By Spencer Fowler Steen

The daughter of property data pioneer Ray Catelan has won a legal fight with Excelsior shareholders over claims she acquired a controlling share of the real estate private equity firm while in possession of inside information that caused a dramatic spike in the company’s share price after it went public.

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Settlements in investor class actions against financial advisory firm get court OK
Class Actions 2020-12-21 1:39 pm By Christine Caulfield

A judge has signed off on settlements in two class actions against a defunct Sydney-based financial advisory firm by a group of Chinese investors over a property investment and visa scheme that allegedly saw group members lose $30 million in funds.

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HWL Ebsworth defeats negligence lawsuit over Sydney land tender
Professional Negligence 2020-12-09 1:58 pm By Miklos Bolza

HWL Ebsworth has successfully defended a negligence lawsuit over the $25.5 million sale of Crown-owned Sydney land to property developer PPK Group, with a court finding that the developer was actually “better off” because of the transaction.

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