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Lawyer found to have misled court should be struck from roll: tribunal
Business of Law 2024-10-15 11:03 pm By Andy Sidler

A solicitor who was found to have made misleading statements to the court, a judge’s associate and another lawyer should be struck from the roll, a tribunal has found.

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Moray & Agnew settles suit alleging it was 6 years late with costs agreement
Business of Law 2024-08-14 11:54 pm By Cat Fredenburgh

A former client of Moray & Agnew alleges the law firm waited six years after taking instructions before providing it with a costs agreement, claiming it racked up a $330,000 legal bill during this time.

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Law firm pays $1M to settle negligence claim by Melbourne property development lender
Real Estate 2024-07-26 11:47 pm By Christine Caulfield

A law firm has reached a settlement with the lender of a property development in North Melbourne, paying $1 million to resolve claims it was negligent in preparing a loan agreement.

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Merricks Capital settles non-compete case with investment boutique, employees
Real Estate 2024-07-26 11:57 pm By Christine Caulfield

Investment manager Merricks Capital has resolved its case against a former managing director and two employees, who left the firm for a boutique run by financial commentator Peter Switzer and his son, Marty.

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Investor class action canā€™t see Virginā€™s advice from Herbert Smith Freehills
Class Actions 2024-07-23 11:40 pm By Cindy Cameronne

A judge has rejected arguments that Virgin Australia waived legal professional privilege over advice from Herbert Smith Freehills by claiming in a class action defence that it had a reasonable belief that statements in a prospectus for a $324 million capital raising were not misleading.

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ā€˜Air of a Kafka novelā€™: NAB loses bid to suppress misleading or deceptive conduct case
Financial Services 2024-02-19 3:25 pm By Cindy Cameronne

National Australia Bank has lost its bid to shield a case by a Melbourne gold bullion dealer after a judge said one of the bankā€™s arguments for suppression had ā€œthe air of a Kafka novelā€.

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Virgin bondholders say indemnity unlawfully holding up class action
Class Actions 2023-12-15 10:43 pm By Cindy Cameronne

An investor class action against Virgin Australia has mounted a new challenge to a contentious indemnity clause, which the airline claims entitles it to receive periodic payments for its legal costs in defending the claims.

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Judge pauses Virgin’s cross-claim in bondholders class action
Class Actions 2023-10-26 11:58 pm By Sam Matthews

The judge hearing a bondholders class action against Virgin Australia has deferred the resolution of the airline’s cross-claim seeking seeking periodic payments from the class action to cover its costs under a contentious indemnity clause.

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High Court asked to weigh in on advocate’s immunity shield for solicitor
Appeals 2023-10-23 4:18 pm By Sam Matthews

The High Court has been asked to weigh in on the extent of advocateā€™s immunity in a dispute between a Sydney solicitor and his former clients, after an appeals court found he couldnā€™t be sued for negligence for failure to include a breach of contract claim in a building dispute.

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Virgin class action a lawyers’ feast after judge joins insurers
Business of Law 2023-08-22 12:47 pm By Sam Matthews

A class action against Virgin Australia has become a lawyersā€™ feast, with seven new firms entering the ring after a dozen insurers were joined to the action alleging the airline failed to disclose its true financial position in a $324 million capital raising prospectus.

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