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Class actions can’t pursue insurance brokers to boost Quintis settlement, court hears
Class Actions 2021-02-18 1:45 pm By Miklos Bolza

Two insurance brokers have dodged being dragged into class action proceedings against sandalwood producer Quintis to boost a settlement reached last year, as a fight over insurance owed to the company to cover the settlement continues.

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Count Financial can’t join insurer to $15.3M lawsuit against ex-financial advisor
Insurance 2021-02-18 11:41 am By Spencer Fowler Steen

Count Financial has failed in its bid to put a former financial advisor’s insurers on the hook for a $15.3 million lawsuit brought by his former clients, as the accounting services company seeks to claw back its losses allegedly resulting from the advisor’s breaches of his duty of care and skill.

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Ex-Johnson Winter & Slattery clients can’t subpeona Optus, Telstra for lawyer’s phone records
Professional Negligence 2021-02-17 11:14 pm By Christine Caulfield

A judge has shot down an attempt by former Johnson Winter & Slattery clients to secure records of phone calls by their solicitor to corroborate claims the lawyer repeatedly advised them to ignore a settlement offer in a commercial case they later lost.

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Liquidator suspended for three years for forging docs to deceive ASIC
Restructuring & Insolvency 2021-02-17 6:49 pm By Cindy Cameronne

Adelaide liquidator Peter Macks has been hit with a three-year ban after a judge found he forged documents to hinder an investigation by the corporate regulator. 

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Labor party slammed for ‘draconian’ laws in Victorian MP’s branch stacking case
Policy and Regulation 2021-02-17 6:16 pm By Miklos Bolza

A Victorian Labor MP accused of branch stacking has attacked the charges against her as invalid, telling the Victoria Supreme Court that they were brought under “shocking” and “draconian” party rules implemented in the wake of a controversial report on Nine’s 60 Minutes.

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Settlement attempts in GetSwift class action like flogging a dead horse, court hears
Class Actions 2021-02-17 3:17 pm By Miklos Bolza

Further attempts to settle a securities class action against last mile logistics software firm GetSwift would be like flogging a dead horse, a judge has heard as the matter works its way towards a final hearing.

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Law firm can’t delay appeal over unpaid bill because QC won’t fly without vaccine
Legal Ethics 2021-02-17 2:54 pm By Christine Caulfield

Law firm Atanaskovic Hartnell has failed to postpone its appeal of a ruling over unpaid legal fees until after its senior counsel — who is stuck in London — can get a COVID-19 vaccine and return to Australia.

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High Court to weigh whether judges should socialise with barristers during a case
Legal Ethics 2021-02-17 1:29 pm By Spencer Fowler Steen

The High Court will consider whether judges should steer clear of barristers outside the court room, after a husband appealed a ruling by a judge who socialised with his wife’s lawyer during their two-year divorce trial.

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CBA cops to misleading customers on more than 12,000 occasions
Financial Services 2021-02-16 6:05 pm By Spencer Fowler Steen

Commonwealth Bank of Australia could be on the hook for a large penalty after the court found the bank engaged in misleading and deceptive conduct and violated its financial services obligations on more than 12,000 occasions by overcharging customers more than $2.2 million in interest.

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Tax adviser hit with record $22.7M fine over R&D tax scheme
Tax 2021-02-16 5:35 pm By Miklos Bolza

A tax agent and accountant who conducted multiple tax exploitation schemes between 2011 and 2015 has been hit with a $22.7 million penalty, the largest ever against a tax promotor.

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