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Despite conflicts, ASIC loses fight over insolvency partners’ remuneration
Restructuring & Insolvency 2023-09-01 11:04 pm By Christine Caulfield

Two former Ferrier Hodgson partners had conflicts of interest when they accepted appointments as administrators of a failed pig farm operation, an appeals court has found, but their remuneration won’t take a hit as a result.

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Westpac reaches $750,000 settlement with Forum Finance director’s father
Financial Services 2023-09-01 10:32 pm By Cat Fredenburgh

Westpac has settled its claims against the father of Forum Finance director Vince Tesoriero, who along with fellow director Bill Papas is accused of perpetrating a $400 million fraud against the bank to fund their lavish lifestyles.

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Banksia senior barrister belatedly struck from roll in South Australia
Business of Law 2023-08-31 11:18 pm By Christine Caulfield

Disgraced Banksia class action barrister Norman O’Bryan has been struck from the roll of legal practitioners in South Australia for his part in what has been described as the darkest chapter in Victoria’s legal history.

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ASIC seeks ‘re-run’ of trial against James Mawhinney, court told
Financial Services 2023-08-31 3:23 pm By Cindy Cameronne

ASIC wants to re-run its case against investment group M101 Nominees and founder James Mawhinney after admitting it made errors at its initial trial, arguing for new fines and disqualification orders on remittal by the Full Court, a judge has heard.

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Medibank to sue privacy commissioner over possible contempt
Privacy & Cybersecurity 2023-08-31 2:48 pm By Sam Matthews

A judge has endorsed Medibankā€™s bid to sue the OAIC so the court can weigh in on the health insurerā€™s bid to halt the regulator’s investigation in favour of a class action over its October data breach, saying the OAIC’s interference with the court proceedings could constitute a contempt of court.

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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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Judge tosses claims in $650M dealer lawsuit against Mercedes-Benz
Contracts 2023-08-30 11:30 pm By Cat Fredenburgh

A judge has thrown out claims in a $650 million lawsuit by 38 dealers against Mercedes-Benz Australia over its decision to move to a fixed-price agency model, finding the dealers’ lawsuit sought to rewrite the terms of their agreement with the car maker on more commercially favourable terms.

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Court awards $300,000 for wrongful imprisonment by family law judge
Legal Ethics 2023-08-30 12:34 pm By Sam Matthews

A Queensland man has prevailed in his case alleging Federal Circuit and Family Court Judge Salvatore Vasta unlawfully imprisoned him for contempt after he failed to comply with an order for particulars, winning over $300,000 in damages.

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Former Greenwoods partner suffers setback in Lendlease tax dodge suit
Employment 2023-08-30 12:19 pm By Cat Fredenburgh

The Full Court has dealt a blow to a sacked Greenwoods & Herbert Smith Freehills partner seeking $13 million in compensation from his former firm and Lendlease, finding new whistleblower protections do not apply retrospectively to cover his claims.

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NSW to face class action over correctional officer’s abuse
Class Actions 2023-08-30 11:13 pm By Cat Fredenburgh

The state of New South Wales will face a class action on behalf of inmates of the Dillwynia Women’s Correctional Centre who were abused by former correctional officer Wayne Astill.

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