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Not one email or text: Steller director denies existence of $120M personal guarantee
Construction 2024-03-01 3:23 pm By Sam Matthews Melbourne

A former director of Melbourne-based developer Steller Developments has denied liquidators’ claims that he agreed to give a $120 million personal guarantee before the company went under, saying there was “not one single contemporaneous document” referring to the alleged guarantee. 

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ASIC wins appeal over funeral insurer’s ‘Aboriginal-owned’ representations
Appeals 2024-02-29 11:18 pm By Cat Fredenburgh

The Full Federal Court has found it was “abundantly clear” on the evidence before a trial judge that funeral expenses insurance provider ACBG misrepresented to Aboriginal customers that it was Aboriginal owned or managed, but found ASIC contributed to the error with its bad pleadings.

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Nuix failed to disclose disappointing results after $1.8B float, court told
Trials 2023-11-20 9:25 pm By Sam Matthews Melbourne

Nuix had information in January 2021 which undermined the growth story presented to the market in the prospectus for its IPO, a court has heard on the first day of ASIC’s case against the tech company and a handful of former directors.

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Nothing wrong with judge’s reasons, law firm just didn’t like them, court told
Employment 2023-11-16 11:21 pm By Christine Caulfield

Atanaskovic Hartnell was not hard done by in a judgment that ordered payment of entitlements to a former general manager and rejected its cross-claims against the woman, an appeals court has been told. The law firm was just unhappy with the decision.

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Atanaskovic Hartnell accuses judge of ‘complete failure’ to discharge duty
Appeals 2023-11-15 11:31 pm By Christine Caulfield

The judge who awarded more than $320,000 to a former general manager of Atanaskovic Hartnell after finding she endured a “campaign of denigration” by the law firm’s founder fundamentally failed to discharge his judicial function, an appeals court has heard.

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ASIC appeals partial loss in case against funeral insurer
Appeals 2023-10-03 11:31 pm By Cat Fredenburgh

The Australian Securities and Investments Commission has filed an appeal after a judge ordered ACBF Funeral Plans to pay $1.2 million for misleading its First Nations customers, less than one-fifth of what the regulator sought.

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ASIC flags penalty privilege fight with Nuix directors
ASIC 2023-09-06 10:12 pm By Sam Matthews Melbourne

As it readies its civil penalty suit against tech company Nuix for trial, ASIC has flagged a possible dispute about the extent of penalty privilege pleaded by a handful of former and current directors named in the case.

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ASIC has ‘limited success’ in case against funeral insurer, wins $1.2M penalty
Competition & Consumer Protection 2023-09-05 11:13 pm By Christine Caulfield

A judge has order ACBF Funeral Plans to pay $1.2 million for misleading its First Nations customers, a penalty less than one-fifth the fine sought by ASIC.

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Retired law firm partner loses battle with ATO over final payments
Tax 2023-07-13 4:18 pm By Christine Caulfield Sydney

A former law firm partner has lost his scrap with the Australian Taxation Office over exit payments he received on retirement, with a court ruling his $180,000 payout could not be offset against repayments made to the partnership’s capital account. 

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Sydney Trains driver sacked for drinking deserves rehearing, Full Court says
Employment 2023-06-26 10:05 pm By Gareth Baker Sydney

The Full Court has held a Sydney Trains driver who worked the morning after blowing over four times the legal limit is entitled to a rehearing, finding the Fair Work Commission failed to properly consider a section of its own founding legislation. 

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