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In victory for ACCC, Full Court tosses Geowash execs’ ‘ill-founded’ appeal
Appeals 2021-06-23 11:49 am By Miklos Bolza

Two executives of failed car washing franchise Geowash have failed in their attempt to overturn a $2.7 million penalty for overcharging and misleading franchisees, with the Full Court finding they had engaged in “a consistent pattern of conduct which was deceitful and dishonest”.

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CFOs in spotlight again as High Court weighs 7-Eleven special leave bid
Analysis 2021-06-22 11:17 pm By Christine Caulfield

The power to make common fund orders in class actions is a question before the High Court a second time, but the justices aren’t likely to quell the conflict simmering in the courts below, at least until they have a concrete order before them.

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Tatts takes ATO to court over deduction for $120M lotto licence
Tax 2021-06-15 11:27 pm By Cat Fredenburgh

Tabcorp-owned Tatts Group has appealed a finding from the Commissioner of Taxation that it cannot deduct a $120 million lotto licence from it assessable income for the 2017 financial year.

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NAB wins $43M judgment against ex-Dick Smith director but receivers walk away empty handed
Restructuring & Insolvency 2021-06-15 4:47 pm By Miklos Bolza

A judge has awarded $43 million to National Australia Bank in its lawsuit against former directors of failed retailer Dick Smith, but threw out claims against company directors brought by HSBC and the retailer’s receivers.

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Icon, structural engineer WSP added as defendants in Opal Tower class action
Class Actions 2021-06-10 1:10 pm By Miklos Bolza

Opal Tower builder Icon and structural engineer WSP Structures have been joined as defendants in a class action brought by property owners, who have also added a slew of consumer law claims to the complex proceedings.

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HWL Ebsworth faces $130M negligent advice case by ex-client
Real Estate 2021-06-08 4:45 pm By Cindy Cameronne

A former client is seeking damages of up to $130 million from HWL Ebsworth in a lawsuit accusing the law firm of giving negligent advice on a joint venture to develop land.

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Liquidators of S&P class action plaintiff win strikeout bid in spat over funder’s agreements
Class Actions 2021-06-08 4:24 pm By Christine Caulfield

A judge has gutted a defence and counterclaim filed by the biggest unitholder in investment fund Vale in a battle with a litigation funder and liquidators over agreements to join two class actions against S&P Capital, a fight that threatened to hold up one of the class actions.

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Jury finds Country Care not guilty in first criminal cartel case against Australian biz
Trials 2021-06-02 3:00 pm By Christine Caulfield

The ACCC has suffered a stinging defeat in its criminal cartel action against mobility equipment provider Country Care, its CEO and a former employee, with a jury handing down not guilty verdicts on all eight charges in the case.

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Freedom Foods loses second bid to have $20M Blue Diamond feud heard in Australia
Arbitration 2021-05-28 11:02 pm By Christine Caulfield

Freedom Foods’ dispute with Blue Diamond Growers over an almond licensing deal will be heard by an arbitrator in California after an appeals court rejected the company’s plea for an Australian judge to determine the case.

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Worrells partner wins costs from ASIC for incoherent pleading
Restructuring & Insolvency 2021-05-14 3:22 pm By Cat Fredenburgh

A Worrells liquidator facing ASIC proceedings seeking to have his registration cancelled has won costs from the regulator after a judge found he was entitled to a “coherent pleading” and ordered the regulator to file a statement of claim.

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