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Judge tosses Cash Converters’ ‘singular’ bid for recusal from settlement hearing
Class Actions 2019-01-18 10:41 pm By Christine Caulfield

A judge has shot down a bid by Cash Converters to recuse himself from hearing arguments for a $16.4 million class action settlement, saying his advice while still a barrister to the law firm running the proceedings did not give rise to apprehended bias.

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Herbert Smith Freehills to represent AMP in ASIC suit over Clayton Utz docs
Business of Law 2019-01-18 9:55 pm By Cat Fredenburgh

AMP has retained Herbert Smith Freehills — one of its go-to law firms — to represent it in legal proceedings by the Australian Securities and Investments Commission seeking documents from Clayton Utz as part of an ongoing investigation of the wealth manager’s fees-for-no-service conduct.

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Ultra Tune slapped with $2.6M fine for misleading franchisees, deceiving court
Competition & Consumer Protection 2019-01-18 4:25 pm By Christine Caulfield

National car repair franchise Ultra Tune has been ordered to pay a $2.6 million penalty, with a judge finding the firm had not only breached the Franchising Code and the Australian Consumer Law by misleading a prospective franchisee but also misled the court in its defence of the case brought by the consumer watchdog.

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Activist suing super fund REST over climate change plan can’t cap adverse costs
Financial Services 2019-01-18 3:29 pm By Cat Fredenburgh

An ecological landscaper suing the Retail Employees Superannuation Trust fund for an undeveloped climate change policy has lost an application for a maximum costs order in the public-interest case.

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Judge was wrong to halt cross-examination in Octaviar class action, court hears
Class Actions 2019-01-17 9:00 pm By Miklos Bolza

A judge that dismissed an investor class action against the Public Trustee of Queensland over the failure of investment firm Octaviar Group improperly intervened in the cross-examination of one of the class’ witnesses, one of the judges that will hear an appeal of the dismissal was told.

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Craig McLachlan wins stay of defamation case amid criminal charges
Defamation 2019-01-17 2:28 pm By Miklos Bolza

Actor Craig McLachlan has won a bid to stay his defamation case against actress Christie Whelan Browne, Fairfax Media and the ABC in light of recent indecent assault charges brought against him, with a judge finding the cases deal with identical subject matter.

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Full Court puts injector pen patent appeal on fast track
Intellectual Property 2019-01-17 2:03 pm By Cat Fredenburgh

The Full Federal Court has expedited an appeal filed Christmas Eve by Sanofi-Aventis of a ruling that denied its bid to block Alphapharm from listing an insulin injector pen on the Pharmaceutical Benefit Scheme.

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ASIC asks High Court to clarify meaning of ‘officer’
Corporate 2019-01-16 9:58 pm By Miklos Bolza

ASIC is seeking approval from the High Court to appeal a judgment that let a former director of Gold Coast finance company MFS Group partially off the hook for $147.5 million in misappropriated funds, saying the High Court needs to clarify the scope of the word “officer” under the Corporations Act.

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ACCC can seek fines against defunct dealer of fake Aboriginal art
Competition & Consumer Protection 2019-01-16 5:17 pm By Miklos Bolza

The ACCC can continue its case against failed Aboriginal art wholesaler Birubi Art, which went into liquidation after the court found it violated the Australian Consumer Law by selling fake Aboriginal goods.

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Spotless judgment clarifies redundancy payment exception
Employment 2019-01-16 5:14 pm By Miklos Bolza

Spotless Services violated the Fair Work Act by failing to pay redundancy for workers employed at Perth International Airport, a court has found, in a ruling that clarifies when employers are on the hook for redundancy payments.

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