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Privilege ruling in Noumi case could hamper ASIC investigations, regulator says
Appeals 2024-05-30 2:47 pm By Cindy Cameronne

ASIC has argued a recent ruling that found Noumi waived privilege over a PwC report by providing it to the regulator could dissuade people from voluntarily disclosing information during investigations and cause a “loss of public benefit” if allowed to stand. 

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Honda’s abandonment of dealership model not unconscionable, judge finds
Competition & Consumer Protection 2024-05-29 11:17 pm By Sam Matthews

A Melbourne car dealer has largely lost a consumer law case against Honda Australia over its decision to abandon a dealership model, but is set to receive compensation for over 2,600 new vehicles it could have sold if Honda hadn’t ended its five-year contract early.

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Investor Nicholas Bolton fights $300,000 legal bill from Atanaskovic Hartnell
Business of Law 2024-05-29 11:33 pm By Cindy Cameronne

Law firm Atanaskovic Hartnell has argued that its alleged failure to provide updated fee estimates while acting for a company associated with investor Nicholas Bolton did not mean he is immune from paying fair and reasonable legal fees assessed at $308,940. 

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What’s unjust about them? Full Court appears open to contingency fees for class action lawyers
Class Actions 2024-05-28 11:53 pm By Cindy Cameronne

Hearing arguments Tuesday on whether lawyers should be permitted to earn contingency fees in Federal Court class actions, judges on a Full Court bench appeared to lean in favour of allowing so-called solicitors’ common fund orders, rejecting claims they are “unjust”. 

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Noumi, ASIC fight ruling that privilege over PwC report waived during probe
Appeals 2024-05-28 11:27 pm By Cat Fredenburgh

Noumi and ASIC are challenging a finding that the food manufacturer waived legal professional privilege over a PricewaterhouseCoopers report commissioned by its lawyers at Ashurst by disclosing the report during an ASIC investigation.

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Continuous disclosure case law may apply in Forge insider trading case, judge says
White Collar 2024-05-28 11:42 pm By Sam Matthews

A judge has left open the question of whether a line of authority relating to the materiality of information under the continuous disclosure regime could be relevant to a stoush between collapsed engineering firm Forge Group and Clough Group, saying the decisions may apply to cases alleging breaches of the insider trading provisions of the Corporations Act.

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X could have done more to shield users, including kids, from stabbing videos, court told
Social Media 2024-05-28 11:33 pm By Sam Matthews

The e-Safety Commissioner has expanded its case seeking to have X Corp remove posts that depict a stabbing of a bishop at a Sydney church, arguing X could have done more to prevent Australian users, including children and VPN users, from viewing the videos.

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‘Grossly excessive’: Energy broker can’t enforce confidentiality agreement
Employment 2024-05-28 11:31 pm By Andy Sidler

A judge has blasted energy broker Energy Action’s bid for interim orders enforcing a confidentiality agreement against a former employee who jumped ship to a competitor, calling the bid “grossly excessive”.

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Medical cannabis distributor wins injunction after suspected hack
Privacy & Cybersecurity 2024-05-28 2:56 pm By Sam Matthews

Medicinal cannabis company Vitura Health has won its bid for orders restricting the access of a software partner to its IT systems after an alleged hack.

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Optus loses second bid to shield Deloitte report from class action
Class Actions 2024-05-27 11:23 am By Sam Matthews

Optus has lost its appeal of a decision that found the telco could not claim legal professional privilege over a Deloitte report into a major data breach, with an appeals court highlighting the lack of evidence from former CEO Kelly Bayer Rosmarin.

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