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‘An inexact science’: Geowash execs can’t void Thomson Geer costs agreement
Competition & Consumer Protection 2020-03-03 4:48 pm By Cat Fredenburgh

Two executives of car wash franchisor Geowash that were found to be knowingly involved in the company’s unconscionable conduct in its dealings with franchisees have lost their bid to void a costs agreement with law firm Thomson Geer, with a judge calling legal cost estimations “an inexact science”.

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Sunwater to join challenge to Queensland floods class action victory
Appeals 2020-02-28 6:13 pm By Cat Fredenburgh

Dam operator Sunwater will join an appeal of a victory in a class action filed on behalf of victims of the 2011 Queensland floods, despite pleas from the firm running the case and the State of Queensland that insurers for the dam operators let the ruling stand.

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ASIC wins unconscionable conduct case against OTC derivatives issuer AGM Markets
Financial Services 2020-02-27 10:28 pm By Cat Fredenburgh

ASIC has notched up a win against derivative issuer AGM Markets and two of its authorised representatives, with a court finding they engaged in misleading, deceptive and unconscionable conduct that caused investor losses of over $30 million.

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Judge spots ‘fundamental flaw’ in NAB insurance class action settlement
Class Actions 2020-02-25 10:25 pm By Miklos Bolza

A judge has questioned whether he should sign off on a $49.5 million settlement in a class action against National Australia Bank over allegedly worthless credit card insurance, which he said had a “fundamental flaw” because it did not contain a provision automatically cancelling group members’ policies.

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Geowash execs appeal loss in ACCC case
Competition & Consumer Protection 2020-02-25 12:30 pm By Cat Fredenburgh

Two Geowash executives have appealed a ruling that found they were knowingly involved in the car wash franchisor’s unconscionable conduct in its dealings with franchisees.

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Spain ordered to pay $375M in arbitration dispute
Arbitration 2020-02-24 8:44 pm By Alison Eveleigh

The Kingdom of Spain must pay $375 million after it failed in its bid to claim sovereign immunity from the enforcement of two foreign arbitration awards related to renewable energy investments.

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No end in sight for epic Queensland floods class action
Class Actions 2020-02-21 12:45 pm By Cat Fredenburgh

Dam operator Seqwater will appeal its loss in a long-running class action over the 2011 Queensland floods that destroyed over 2,000 homes, a move derided by the lawyer for the flood victims, who called for “an end to the injustice” her clients have suffered.

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Judge allows docs despite ‘real risk’ of prosecution for ex-Directed Electronics manager
Intellectual Property 2020-02-17 11:44 am By Miklos Bolza

A former manager of Australian electronics automotive developer Directed Electronics OE has failed to block access to certain documents in a corporate theft case, despite the Federal Court finding they gave rise to a “real and appreciable risk” of civil or criminal prosecution against him.

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In loss for Herbert Smith Freehills, court says self-represented law firms can’t recover costs
Business of Law 2020-02-13 4:29 pm By Cat Fredenburgh

Herbert Smith Freehills cannot recover its costs for successfully representing itself in litigation with United Petroleum over the company’s aborted initial public offering, with an appeals court finding the High Court’s recent ruling eliminating the so-called Chorley exception for self-represented lawyers applies to law firms as well.

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Dick Smith class actions headed for March trial after mediation fails
Class Actions 2020-02-10 11:00 am By Cat Fredenburgh

Two shareholder class actions against failed electronics retailer Dick Smith will head to trial in March, after a failed attempt to resolve the long-running dispute in mediation.

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