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‘No relationship’ with reality: Judge rails against ‘grossly inflated’ security estimate
Financial Services 2022-07-14 5:00 pm By Cindy Cameronne

A judge has slammed a “grossly inflated” estimate of legal costs relied on during a security for costs bid by non-bank lender Aquamore Finance in an appeal over a commercial loan accruing compound interest of 79 per cent per year.

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Lawyer who acted for both sides in employment case loses appeal of misconduct finding
Legal Ethics 2022-07-14 2:37 pm By Sam Matthews

A court has rejected an appeal by a lawyer who acted for both sides in an employment dispute between a company and its former managing director and advised the director to “take and park” over $370,000 from the company account as leverage.

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Reflex fails to prove invalidity of Globaltech patent for devices sold to Boart Longyear
Intellectual Property 2022-07-14 2:03 pm By Cindy Cameronne

Technology company Reflex Instruments has lost its challenge to rival Globaltech’s patent for two mining survey tools, with a judge finding Reflex had not established the technology wasn’t novel and lacked an inventive step.

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Class action over COVID-19 jab mandate ‘legally misconceived’, judge says
COVID-19 2022-07-13 5:47 pm By Sam Matthews

A judge has dismissed a proceeding against the New South Wales government over a mandate requiring healthcare workers to be vaccinated against COVID-19, saying the applicant’s constitutional case was “legally misconceived and must be rejected.”

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Judge asked by appeals court to explain damages in trade secrets spat
Employment 2022-07-13 11:33 pm By Christine Caulfield

An appeals court has returned a case to a judge it said did not give sufficient reasons for awarding damages in a case brought by flooring company Evagroup against a sales manager who left to launch a competing business.

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Red Telecom hit with $450,000 penalty for failing to pay customers
Telecommunications 2022-07-13 3:30 pm By Sam Matthews

A judge has ordered a defunct telecommunications company to pay $450,000 in penalties for flouting orders requiring it to pay out over $63,000 to its customers.

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ASIC seeks $15M penalty against GetSwift after ‘unprecedented’ offshore move
Securities 2022-07-12 11:01 pm By Cindy Cameronne

ASIC has called for a $15 million penalty against GetSwift and 12-year bans against its directors, who moved the logistics company overseas as the regulator’s enforcement action was on foot, a move the court on Tuesday said was “unprecedented”.

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Mascot Towers owners settle with developer of neighbouring building
Construction 2022-07-12 7:31 pm By Cindy Cameronne

Owners in Sydney’s Mascot Towers have struck a deal with the developer that built a neighbouring property, in a lawsuit seeking more than $15 million in damages over alleged structural cracks that made their apartments unlivable.

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Life insurer Select AFSL used unconscionable phone sales tactics, court finds
Insurance 2022-07-11 2:25 pm By Cindy Cameronne

Insurer Select AFSL acted unconscionably when selling life, funeral and accidental injury insurance over the phone, a court has found in a case brought by the Australian Securities and Investments Commission.

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Sacked Orix boss can’t get quick win in case for $1M in unpaid leave
Employment 2022-07-11 11:52 pm By Christine Caulfield

The former CEO of fleet manager Orix Australia, who escaped charges of corruption three years ago, will have to take his claims for $1 million in unpaid leave to a hearing after losing a pre-trial bid for judgment.

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