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‘A case of investor regret’: Mayfair dodges misleading and deceptive conduct case
Financial Services 2021-03-08 11:59 am By Miklos Bolza

An investor who sank $1 million into a now suspended Mayfair Group scheme has lost his misleading and deceptive conduct case against the firm, with a judge finding his evidence was “plainly coloured” by the fact he had lost his life savings.

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Judge orders penalties of $1.4M in ASIC’s case against Dover Financial
Financial Services 2021-03-05 6:17 pm By Cindy Cameronne

A judge has ordered that defunct Dover Financial Advisors and its former director pay $1.4 million in penalties for creating a misleading client protection policy he described as “an exercise in Orwellian doublespeak.”

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Judge tosses One Nation staffer’s claims against gov’t in Brian Burston sexual harassment case
Employment 2021-03-05 5:39 pm By Cat Fredenburgh

A judge has dismissed claims brought by a former One Nation staffer against the federal government accusing it of being liable for former senator Brian Burston’s alleged sexual harassment, finding that the terms of her unfair dismissal settlement barred her from bringing sexual harassment allegations againt the Commonwealth.

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Irate judge says lawyers should personally face costs for signing off on deficient cases
Employment 2021-03-05 4:55 pm By Christine Caulfield

Certification of pleadings in legal action is not a formality that needs to be “ticked off”, and solicitors who put their signature to improperly pleaded cases should face adverse costs, an irritated appeals judge has said.

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Avoiding ‘dangers’ of GetSwift approach, judge will jointly hear class actions over Slater & Gordon advice
Class Actions 2021-03-05 3:46 pm By Miklos Bolza

The judge overseeing two class actions over legal and accounting advice given ahead of Slater & Gordon’s disastrous Quindell acquisition has said he will hear the cases together, citing the “dangers” of the approach taken in litigation against GetSwift, which resulted in a judge being ordered to step down.

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Johnson & Johnson unit loses high-stakes appeal in pelvic mesh class action
Appeals 2021-03-05 11:34 am By Miklos Bolza

The Full Federal Court has tossed an appeal by Johnson & Johnson unit Ethicon challenging a landmark decision that put it on the hook for paying damages to 10,000 women who suffered injury through defects in its prolapse mesh and incontinence tape implants.

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GetSwift wins appeal bid to disqualify judge from class action
Appeals 2021-03-05 10:38 am By Spencer Fowler Steen

GetSwift has triumphed in its bid to disqualify a judge who refused to recuse himself from hearing a shareholder class action against the logistics software company after presiding over ASIC’s civil penalty proceeding against the company.

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Fuji Xerox loses bid to throw out ACCC’s case over small biz contracts
Competition & Consumer Protection 2021-03-04 7:18 pm By Cindy Cameronne

A judge has refused to summarily dismiss proceedings brought by the ACCC against office supply company Fuji Xerox over allegedly unfair contracts with small businesses.

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Herbert Smith Freehills says Arrium lenders ‘a million miles away’ from properly run case
Restructuring & Insolvency 2021-03-04 6:54 pm By Miklos Bolza

Law firm Herbert Smith Freehills has attacked a lawsuit brought by a group of lenders against collapsed steel giant Arrium, rejecting claims that $430 million in loans was borrowed under misleading or deceptive representations.

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Judge knocks prominence of cross-claims in notice to Tandem class action members
Employment 2021-03-04 4:01 pm By Christine Caulfield

An opt out notice proposed to be given to group members in an underpayment class action against a unit of labour hire firm Tandem has been criticised by a judge as skewed to details of their exposure to cross-claims by the company.

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