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Lawyers’ failure kept me from claiming privilege, says Mayfair’s Mawhinney
Financial Services 2022-08-22 11:26 pm By Sam Matthews

The founder of beleaguered investment group Mayfair 101, James Mawhinney, has argued that multiple law firms failed to advise him of the privilege against self-exposure to penalty in proceedings brought by the corporate regulator, which saw him banned from soliciting funds or promoting any financial product for 20 years.

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High Court to weigh in on COVID-19 cancellation of hotel sale
COVID-19 2022-08-22 10:06 pm By Cat Fredenburgh

The High Court has agreed to weigh in on whether government restrictions on social gatherings during the COVID-19 pandemic frustrated a $11.25 million contract for sale of a hotel in the Sydney suburb of Pyrmont.

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Onus on franchisor to prove $1.2M security would not kill class action, Full Court told
Class Actions 2022-08-22 11:57 pm By Christine Caulfield

Fighting what they say is a stultifying $1.23 million order for security for defence costs in a class action, franchisees of Hog’s Breath Cafe have argued it is up to the restaurant chain to prove group members can pony up the dough.

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Biggin & Scott shouldn’t be liable for ‘indifference’ to source code infringement, High Court told
High Court 2022-08-22 2:47 pm By Cat Fredenburgh

Biggen & Scott should not be held liable for copyright infringement for its supposed “indifference” to the copying of real estate marketing platform Campaigntrack’s source code by a developer, the real estate agency group argues in a special leave application to the High Court.

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Forum Finance judge recuses himself after questioning director’s credibility
Legal Ethics 2022-08-19 9:51 pm By Cindy Cameronne

A Federal Court judge has recused himself from hearing a fraud trial against Forum Finance, after expressing that he had an ā€œunfavourableā€ impression of director Vince Tesoriero’s reliability as a witness.

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ā€˜Concernedā€™ judge wants answers from AMP on remediation program
Financial Services 2022-08-19 11:05 pm By Cindy Cameronne

A judge has raised concerns that AMP Financial Planning has not compensated customers for allegedly failing to prevent life insurance churning, directing the firm to explain the ā€œvanishingly smallā€ number of people who have been remediated.

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Over ‘intransigent’ ACCC, judge says Retail Food Group case can be decided with store sample
Competition & Consumer Protection 2022-08-19 11:20 pm By Sam Matthews

A judge has ordered that the ACCC’s case alleging Retail Food Group misled franchisees be run on a sample basis, saying the regulator’s opposition to the idea ā€œsmacks of a lack of confidence in its own case.ā€

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Telstra not liable for ā€˜sickeningā€™ sexual harassment by employee who stole confidential info
Employment 2022-08-19 3:28 pm By Sam Matthews

A judge has found that Telstra cannot be held liable for the sexually harassing conduct of a former employee who allegedly accessed confidential contact information to launch a four-year campaign of harassment against his next-door neighbours.

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Redbubble files appeal in long-running Hells Angels trade mark stoush
Appeals 2022-08-19 11:59 pm By Cat Fredenburgh

Redbubble is challenging a judgment that found T-shirts and face masks sold on its platform violated Hells Angels’ trademarks and awarded damages to the motorcycle group.

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Court’s readiness to hold remote hearings ‘has come to an end’, judge says
Courts 2022-08-18 4:28 pm By Cindy Cameronne

A judge who has granted a lawyer leave to appear in proceedings via audio visual link has warned the legal profession that courts are expecting to ā€œreturn to normalā€ and that tolerance for remote hearings has ā€œcome to an endā€.

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