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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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ASIC wins bankruptcy orders against ‘ASX Wolf’ Tyson Scholz
Financial Services 2024-02-29 5:50 pm By Cat Fredenburgh

The Australian Securities and Investments Commission has won sequestration orders against Gold Coast ‘finfluencer’ Tyson Scholz after he failed to pay the regulator’s costs in proceedings that resulted in him being permanently barred from carrying on a unlicensed financial services business.

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Finfluencer’s $60,000 settlement offer no better than declaration of TM infringement, court says
Intellectual Property 2024-02-29 11:17 pm By Christine Caulfield

A ruling that finfluencer Canna Campbell infringed a rival’s ‘financial foreplay’ trade mark but owed zero damages was not a less favourable outcome for a fellow financial advisor than a $60,000 settlement offer, a court has found in rejecting a bid for indemnity costs.

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Queensland court finds COVID-19 vaccine directive unlawful
COVID-19 2024-02-28 5:28 pm By Cindy Cameronne

The Supreme Court of Queensland has found that a 2021 direction for police officers to receive the COVID-19 vaccination was unlawful and a similar mandate for ambulance service workers had no effect.

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Appeal dropped in first junior doctors class action to go to trial
Class Actions 2024-02-28 11:31 pm By Christine Caulfield

Victoria’s Peninsula Health has abandoned an appeal of a ruling in a class action that found it breached workplace laws by failing to pay overtime to a junior doctor, a capitulation that could be a game changer for a series of class actions against health care providers.

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Judge orders soft class closure in ‘junk’ insurance class action
Class Actions 2024-02-28 10:40 pm By Cat Fredenburgh

A judge has ordered soft class closure in a class action against Suncorp unit AAI over allegedly worthless insurance, saying that knowing how many of the 200,000 group members are likely to participate would assist in resolving the case.

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Lawyer’s belief about paralegal underpayments ‘unreasonable’, judge finds
Employment 2024-02-28 5:19 pm By Cindy Cameronne

A Sydney law firm and its principal have been fined $14,400 for disobeying a Fair Work Ombudsman compliance notice issued for the alleged underpayment of a paralegal, with a judge saying the lawyer’s belief she did not owe any wages was “unreasoned and unreasonable”. 

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Victoria’s approach to carriage fights better than Federal Court, says judge
Class Actions 2024-02-27 5:22 pm By Cindy Cameronne

A judge overseeing an appeal in a carriage dispute in a class action against Jaguar Land Rover over allegedly defective diesel filters has said he prefers the approach of the Supreme Court of Victoria to such fights, saying firms should not revise their bids multiple times.

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‘So what?’ Judge says rate-rigging class action can’t impose views on registration
Class Actions 2024-02-27 9:58 pm By Cat Fredenburgh

A judge has ordered soft class closure ahead of mediation in a class action against five major banks over alleged foreign exchange rate-rigging, saying the applicant’s subjective view on what will assist mediation should not be imposed on the banks.

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What led to judge’s resignation was ‘regrettable and extraordinary’, judicial body says
Legal Ethics 2024-02-27 11:40 pm By Christine Caulfield

Former Supreme Court of Victoria Justice Lex Lasry served with the “highest standards of integrity”, and the circumstances that led to his resignation from the bench were “regrettable and extraordinary”, the president of Australia’s association of judges has said as reports emerge that the DPP has made a complaint about a second judge.

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