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EY points finger at Blue Sky in shareholder class action defence
Class Actions 2023-07-31 10:32 pm By Cat Fredenburgh

Auditor Ernst & Young has filed cross-claims against Blue Sky in a shareholder class action accusing the collapsed investment firm of misleading shareholders by misstating its assets under management.

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National Tiles boss Frank Walker can shield legal docs in fraud case by ousted director
Corporate 2023-07-31 11:41 pm By Christine Caulfield

A judge has sided with National Tiles founder Frank Walker over the privilege status of advice from his lawyers in a case by a former director alleging Walker falsified minutes of a crucial company board meeting, saying the evidence on its face did not suggest the minutes had been fabricated.

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Cosmetic Institute surgeons can’t declass breast implant action
Class Actions 2023-07-28 4:28 pm By Christine Caulfield

A judge has tossed out an application by a group of surgeons who formerly worked for The Cosmetic Institute to declass a representative proceeding on behalf of 13,500 patients who claim they suffered injury or complications from breast augmentation surgery.

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ABC source for Heston Russell articles told reporter his memory was ‘hazy’, court hears
Sue Chrysanthou 2023-07-28 10:06 pm By Cindy Cameronne

A source for ABC articles over alleged war crimes that are at the centre of a defamation case by ex-commando Heston Russell told reporters his memory of the events was “hazy”, a court heard Friday.

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Phoenix hit with record $438M penalty for unconscionable enrollment practices
Competition & Consumer Protection 2023-07-28 10:13 pm By Cat Fredenburgh

Collapsed vocational education provider Phoenix Institute and its marketing arm have been hit with a record $438 million penalty after a judge found they acted unconscionably and with “callous indifference” by enticing vulnerable consumers to enrol in unsuitable courses with promises of free laptops.

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James Hardie facing shareholder class action over net income downgrade
Construction 2023-07-28 11:53 pm By Christine Caulfield

Building materials giant James Hardie Industries is facing a class action alleging it breached its disclosure obligations over its adjusted net income forecasts for the 2023 financial year.

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Monster Energy’s security for costs bid ‘manifestly excessive’, judge says
Intellectual Property 2023-07-28 2:40 pm By Christine Caulfield

The security sum sought by Monster Energy from an inventor suing the beverage giant for patent infringement was “manifestly excessive”, a judge has said, and was based on an estimate of costs that included the fees of three solicitors and two barristers at an interlocutory hearing.

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Arrium class action’s potential loss of contingency fee irrelevant to transfer fight, KPMG says
Class Actions 2023-07-27 5:06 pm By Christine Caulfield

The possibility that a NSW judge will revoke a contingency fee order made in a class action over Arrium’s collapse is irrelevant to whether the proceedings should be transferred from Victoria to the appropriate forum, Arrium’s auditor KPMG has told a court.

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8,600 emails passed between Seven and Ben Roberts-Smith’s defamation lawyers, court told
Defamation 2023-07-27 1:41 pm By Cindy Cameronne

A “striking” 8,600 emails passed between Seven’s commercial director and Ben Roberts-Smith’s legal team, suggesting the media company was actively involved in the unsuccessful defamation case, Fairfax has argued as it seeks significant defence costs.

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Ned Kelly foundation can’t halt projects at site of outlaw’s last stand
Construction 2023-07-27 5:37 am By Cat Fredenburgh

The Ned Kelly Centre has come up short in its bid to halt two construction projects at the site of the famed bushranger’s last stand where he was captured by police.

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