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Judges not constrained by unconscionable conduct checklist, High Court finds
Competition & Consumer Protection 2024-08-14 11:56 pm By Cat Fredenburgh

The High Court has rejected an appeal by Captain Cook College of a finding that it engaged in systemic unconscionable conduct by enrolling thousands of unsuitable students, finding courts are not constrained by factors the consumer law says it “may consider” in deciding if conduct rises to the level of unconscionability.

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HWL Ebsworth must produce correspondence over Brittany Higgins’ claims
Defamation 2024-08-09 11:03 pm By Cindy Cameronne

Linda Reynolds has won her bid to subpoena HWL Ebsworth for correspondence with the Commonwealth prior to its $2.4 million settlement Brittany Higgins, as the senator contests Higgins’ characterisation of her decision to refer the settlement to the corruption watchdog as harassment.

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Linda Reynolds wants to subpoena HWL Ebsworth chief executive partner
Defamation 2024-08-08 1:34 pm By Cindy Cameronne

Senator Linda Reynolds has asked the court for leave to issue a subpoena to HWL Ebsworth’s chief executive partner for correspondence leading up to the Commonwealth’s $2.4 million settlement with Brittany Higgins over the government’s handling of her rape allegations. 

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Court grants win to ex-ANU student pursuing law degree, sets aside misconduct findings
Education 2024-07-29 11:28 pm By Andy Sidler

A judge has set aside a decision upholding misconduct findings against a former Australian National University PhD student, who was concerned the decision could affect his career prospects in the law.

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Court questions GM’s interpretation of settlement in Holden class action
Class Actions 2024-07-22 11:04 pm By Sam Matthews

An appeals court has questioned General Motors’ construction of its settlement with the applicant in a class action on behalf of Holden dealers, as the car maker seeks to overturn a ruling that put it on the hook for the applicant’s full costs.

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HWL Ebsworth, ex-partner file competing appeals over expulsion finding
Appeals 2024-07-10 4:01 pm By Cindy Cameronne

HWL Ebsworth and a former capital partner have both appealed a ruling that found the partner was invalidly expelled in 2020 but that his partnership had been dissolved from the day he sued his former firm. 

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HWL Ebsworth hit with representative OAIC complaint over data breach
Privacy & Cybersecurity 2024-06-28 11:58 am By Cindy Cameronne

Law firm HWL Ebsworth is facing a representative complaint filed with the Office of the Australian Information Commissioner over a 2023 cyber attack, which allegedly compromised the data of 65 government agencies and affected NDIS participants. 

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Class action solicitor pays barrister’s claimed fees for Tyro case on eve of bankruptcy hearing
Business of Law 2024-06-25 11:11 pm By Cindy Cameronne

A class action solicitor has paid a judgment debt of $50,000 ahead of a sequestration hearing over allegedly unpaid barrister’s fees from work on a class action against payments provider Tyro. But a court heard Tuesday the lawyer still faces a claim for unpaid superannuation by a former employee. 

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‘Alarming’: ASIC suspects ex-Keystone boss may have used investor funds to buy home
Financial Services 2024-06-25 11:29 pm By Cindy Cameronne

A judge has expressed concern about the Australian Securities and Investments Commission’s suspicion that a former director of Keystone Asset Management may have used investor funds to purchase a house in his wife’s name, calling it “alarming”.

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Comlek administrators defeat attack on DOCA by Queensland’s revenue office
Restructuring & Insolvency 2024-06-24 11:55 pm By Andy Sidler

An arrangement to restructure Queensland labour hire services company Comlek has survived a challenge by the state’s revenue office, which wanted the business wound up, claiming the restructure was against public interest and commercial morality.

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