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Barrister struck off roll for practising in NSW without a certificate for 6 years
Legal Ethics 2021-03-25 9:23 pm By Cindy Cameronne

A former barrister has been struck off the roll of practitioners in NSW after it was found that he practised in the state for six years without a local practising certificate and lied to the Queensland Bar Association about the location of his practice.

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Race car driver Max Twigg appeals ruling he misappropriated $100M from family trust fund
Sports 2021-02-02 2:52 pm By Spencer Fowler Steen

Race car driver and former owner of the famed Byron Bay Hotel, Max Twigg, has launched an appeal of a ruling that he misappropriated around $100 million in family trust money and took steps to conceal the transfer of funds from his mother.

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Common fund order issue can’t be decided in ‘evidentiary vacuum’, NSW appeals court says
Class Actions 2020-10-30 11:06 pm By Christine Caulfield

The NSW Court of Appeal has passed on the question of whether a judge can make a common fund order when a class action settles to ensure a certain return to litigation funders, but the issue is not going away, whatever the Federal Court’s decision in a parallel case.

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‘Big fat CFO’ incentives would distort class action scheme, BMW tells court
Class Actions 2020-10-27 8:48 pm By Miklos Bolza

Luxury car maker BMW has told the NSW Court of Appeal that the courts do not have power to make common fund orders at any stage of a group proceeding, arguing that such orders would distort the scope of the class action regime by encouraging litigation funders to pursue lawsuits.

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Rabbi loses appeal in defamation case over Royal Commission comments on child sex abuse
Appeals 2020-10-26 10:52 pm By Cat Fredenburgh

A Sydney rabbi who told the Royal Commission into Child Sexual Abuse that he did not know touching a child’s genitals was a crime has lost his appeal of a ruling throwing out defamation proceedings he brought against Nationwide News and SBS.

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HR company loses fight with tax office after paying debt with wrong EFT number
Tax 2020-10-06 9:36 pm By Christine Caulfield

The director of a defunct HR company has lost his bid to avoid paying a $384,000 tax bill after hundreds of thousands of dollars were sent to the tax office via the wrong EFT number and used to repay other debts the company owed.

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Businessman Kia Silverbrook can’t overturn $9.3M penalty for unpaid PAYG tax
Tax 2020-05-19 8:43 pm By Christine Caulfield

An appeals court has dismissed a challenge by businessman and prolific inventor Kia Silverbrook to a finding that he was jointly liable to pay a $9.3 million penalty notice issued by the ATO for unpaid Pay As You Go tax.

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Landmark ruling nixing class closure orders likely to reach High Court
Analysis 2020-04-23 9:10 pm By Christine Caulfield

A ruling Wednesday that struck down class closure orders — a device used by judges in class actions for the past two decades — has split the courts in Australia and is expected to head to the High Court.

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Courts don’t have power to make class closure orders, appeals court says
Class Actions 2020-04-22 6:30 pm By Miklos Bolza

An appeals court has overturned a ruling ordering class closure in seven representative proceedings against car makers over defective Takata airbags, finding courts do not have the power to make class closure orders.

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‘Manifestly excessive’ $238,000 defamation payout to childcare worker tossed on appeal
Defamation 2020-03-04 5:30 pm By Alison Eveleigh

A Sydney-based childcare centre that sent an allegedly defamatory email to 35 people has won its appeal of a $238,000 damages award, with an appeals court calling the figure “manifestly excessive” and questioning the “fundamental approach to damages” in defamation cases in NSW.

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