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Icon can’t block Opal Tower developer from calling on $3.9M guarantee
Construction 2020-03-05 4:10 pm By Miklos Bolza

The builder behind the ill-fated Opal Tower has lost its opposition in the NSW Supreme Court to a $3.9 million guarantee requested by the property’s developer, after a judge found it had not proved compliance with its contractual obligations.

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Surfstitch class action members may be better off bailing out of settlement
Class Actions 2020-01-15 10:28 am By Miklos Bolza

Unfunded group members in two shareholder class actions against online fashion retailer Surfstitch have been told they are likely better off to opt out of a settlement if a judge approves $6 million in fees and a 30 per cent commission sought by the law firms and funder that brought the cases.

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IOOF unit’s appeal targets Sparke Helmore
Legal Ethics 2020-01-13 4:48 pm By Miklos Bolza

An IOOF subsidiary has appealed a $76.6 million judgment finding it breached its duty in the sale of a 46,000 hectare plantation by collapsed forestry giant Gunns Group and shooting down its cross claim seeking to pass liability onto law firm Sparke Helmore.

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‘Rambling and non-responsive’: Law firm dodges $6.5M negligence claim
Business of Law 2020-01-13 1:23 pm By Miklos Bolza

A law firm has dodged a $6.5 million negligence claim by a Tasmanian agricultural business over advice supplied about agreements entered into with a division of collapsed forestry giant Gunns Limited, with a judge slamming the company director’s evidence as “rambling and non-responsive”.

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Westpac may get pulled into sports betting class action following AUSTRAC scandal
Class Actions 2020-01-06 3:58 pm By Miklos Bolza

A Sydney solicitor who was found liable for investor losses in a sports betting scheme masterminded by convicted conman Peter Foster may seek to shift the blame onto Westpac for the bank’s alleged failure to flag funds shifted offshore from the scheme.

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Suncorp unit can force reversal of Coverforce acquisition, court says
Corporate 2019-12-10 9:52 pm By Christine Caulfield

The head of Australia’s largest unlisted insurance broker, Coverforce, may face a future damages claim for misleading or deceptive conduct if a recent acquisition of former Suncorp unit Resilium is not reversed, a court has found.

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Sydney lawyer on the hook for ‘actively concealing’ Peter Foster’s sports betting scam
Class Actions 2019-12-02 11:43 am By Miklos Bolza

Investors who sank $12.3 million into a fraudulent sports betting scheme run by convicted conman Peter Foster lost money because a Sydney lawyer failed to come forward with the truth, a judge has found.

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Firms will seek up to $6M at SurfStitch class action settlement hearing
Class Actions 2019-11-28 4:03 pm By Miklos Bolza

The funders behind two shareholder class actions against online fashion retailer Surfstitch Group will seek a commission of up to 30 per cent while the law firms that brought the cases will ask for approval of up to $6 million in legal fees during an upcoming settlement approval hearing, which also puts the fate of a deed of company arrangement that saved the company from liquidation on the line.

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IOOF unit wins stay of $76M judgment as it mulls appeal of case against Sparke Helmore
Restructuring & Insolvency 2019-10-22 11:00 pm By Cat Fredenburgh

A judge has briefly stayed his $76.6 million judgment against IOOF subsidiary Australian Executor Trustees over the sale of a timber plantation by the collapsed Gunns Group as AET weighs an appeal of the ruling, which dismissed its cross-claim against law firm Sparke Helmore.

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Courtside with the swift ‘Hammer’ of justice
People In The News 2019-10-18 2:06 pm By Amelia Birnie

Justice David Hammerschlag of the NSW Supreme Court has a way with words that readily lends itself to dramatic courtroom headlines. The “Hammer,” as he is known, also pulls no punches and is quick with one liners that keep counsel on their toes. Here, Lawyerly looks at some of the recent best moments inside courtroom 7D.

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