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Permanent stay of case should be ‘measure of last resort’, High Court says
High Court 2023-11-01 3:51 pm By Cindy Cameronne

The High Court has refused to throw out a personal injury case over 55-year-old child sexual abuse claims, despite the death of the alleged perpetrator and most relevant witnesses, saying a permanent stay is a ā€œmeasure of last resortā€.Ā 

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Over United Petroleum’s objections, class action firm can peek at franchisee communications
Franchises 2023-10-17 11:51 pm By Cat Fredenburgh

The law firm that’s running a franchisee class action against United Petroleum over allegedly loss-making Pie Faces stores has has won its bid to peek at draft communications the oil giant wants to send to group members.

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Seven defence survives in defamation suit over interview with Meghan Markle’s father
Defamation 2023-08-31 5:45 pm By Sam Matthews

A paparazzo suing Seven for defamation over an interview with Meghan Markleā€™s father has failed to strike out the broadcasterā€™s contextual truth defence alleging he is a conman that sought to portray victims of Harvey Weinstein in a bad light.

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Aged pensioner can’t revive class action against Social Services
Appeals 2023-08-28 11:42 pm By Cindy Cameronne

A self-represented aged pensioner has lost his bid to revive a class action against the Department of Social Services over its real estate asset testing for pensions, with a judge saying that a legal practitioner must represent group members.Ā 

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Insignia broke promise to hire PwC to review model portfolio: trial
Trials 2023-06-05 11:31 pm By Sam Matthews

Despite assurances, wealth manager Insignia Financial did not engage PricewaterhouseCoopers to review the performance of its ‘Buy Model” investment portfolio after an equities analyst complained it had been overstated, a court overseeing a shareholder class action trial has been told.

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In appeal against SmileDirectClub, Invisalign says court didn’t get facts straight
Appeals 2023-06-05 12:56 pm By Cat Fredenburgh

Dental aligner maker Invisalign has appealed its loss in suit accusing competitor SmileDirectClub of misleading consumers about the cost and efficacy of its direct-to-consumer teeth alignment kits.

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Judge frowns on Invisalign’s lawsuit against SmileDirectClub
Competition & Consumer Protection 2023-05-08 1:08 pm By Sam Matthews

Dental aligner maker Invisalign has lost its case accusing competitor SmileDirectClub of misleading consumers about the cost and efficacy of its direct-to-consumer teeth alignment kits

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United Petroleum franchisees can’t stay lawsuits in light of class action
Class Actions 2023-03-06 11:25 pm By Sam Matthews

A judge has declined a bid by former United Petroleum franchisees to stay two Federal Court proceedings in light of a class action against the petrol giant over the introduction of loss-making Pie Face stores, finding the suits have little in common.

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Shaw & Partners advisors barred from contacting Fortrend clients
Financial Services 2023-02-09 4:23 pm By Cindy Cameronne

Stock broker Fortrend Securities has secured an order prohibiting two former advisors from contacting their old clients while they litigate a dispute alleging the advisors conspired with Shaw & Partners to poach customers.

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ASIC says James Mawhinney’s defamation case doesn’t clear ‘serious harm’ bar
Defamation 2023-02-06 4:57 pm By Cat Fredenburgh

The Australian Securities and Investments Commission has hit back at a defamation suit by Mayfair 101 founder James Mawhinney over a media release, saying it doesn’t meet the new ‘serious harm’ threshold for defamation matters.

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