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Legal advice in spotlight as ASIC claims financial services firm diverted funds to limit penalty
Financial Services 2023-05-09 11:28 pm By Gareth Baker

A court has appointed a referee to examine whether a law firm’s communications with Golden Financial furthered a plan by the financial advisory firm to divert assets to minimise a penalty sought by the corporate regulator in the first case alleging a breach of the so-called best interest duty.

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‘Potentially difficult’: Lawyers weigh in on novel insolvency ruling
Restructuring & Insolvency 2023-04-19 1:29 pm By Sam Matthews

Senior restructuring and insolvency lawyers have welcomed a novel ruling that found a liquidator was entitled to claim his costs ahead of the preferred claims of company employees, but questions remain about the “potentially difficult” interaction between two conflicting priority regimes.

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Judge says liquidator can be paid ahead of preferred creditors
Restructuring & Insolvency 2023-04-17 11:15 pm By Sam Matthews

In a novel decision, a judge has found that a liquidator is entitled to claim his “arguably disproportionate” costs ahead of the preferred claims of company employees.

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In loss for Haymarket builder, appeals court says new defect claims not new cause of action
Appeals 2023-04-17 10:25 pm By Sam Matthews

The builder of an allegedly defective Haymarket apartment building has lost an appeal of a decision which found that separate breaches of statutory building warranties do not create individual causes of action.

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‘Diligent’ silk not negligent in advice on lawsuit, judge says
Professional Negligence 2023-04-05 12:53 pm By Sam Matthews

A solicitor and a Sydney silk have been cleared of allegations they gave negligent advice in an action against a law firm, with a judge finding the barrister was “diligent, thorough, careful and ethical”.

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Full Court finds ACCC misstepped by not bringing ‘major failures’ case against Mazda
Appeals 2023-03-23 3:18 pm By Cindy Cameronne

The Australian Competition and Consumer Commission and Mazda have both lost their appeals in a case over the car manufacturer’s ‘appalling’ customer service, with three judges questioning the regulator’s decisions in how it ran the case.

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High Court to hear appeal over liability for developer’s source code theft
High Court 2023-02-17 11:29 pm By Cat Fredenburgh

The High Court will hear an appeal over whether real estate agent Biggin & Scott should be held liable for copyright infringement for its supposed “indifference” to the copying of real estate marketing platform Campaigntrack’s source code by a developer.

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Sportsbet wins anti-suit injunction against US case by sportsbet.com owner
Gaming 2023-01-12 11:49 am By Sam Matthews

Sportsbet has won an injunction preventing the owner of the sportsbet.com domain from prosecuting an action in the US, which a judge said sought to interfere with an Australian domain name battle “in the most stark fashion.”

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High Court clarifies test for implied terms, says CoreLogic did not infringe photographer’s copyright
Intellectual Property 2022-12-14 5:56 pm By Sam Matthews

The High Court has found that property data analytics firm CoreLogic did not infringe a real estate photographer’s copyright by uploading images from realestate.com.au to its platform, overturning a decision of the Full Federal Court.

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Corelogic again seeks to block copyright case over data scraping
Intellectual Property 2022-12-02 1:24 pm By Sam Matthews

Property data analytics firm CoreLogic is taking aim again at a lawsuit accusing it of unauthorised scraping of confidential information from building information provider BCI Media’s copyright-protected leads platform, months after a judge found the case was “defective and deficient”.

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