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ASIC sued by Forex liquidators looking to claw back $20M fine
Restructuring & Insolvency 2024-02-15 5:32 pm By Sam Matthews

In a case believed to be the first of its kind, the liquidators of boiler room trader Forex Capital Trading have sued ASIC, seeking to claw back over $20 million in fines and costs they says constituted unfair preference payments and should be distributed among the company’s out-of-pocket clients. 

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Maddocks nabs IP pro from Ashurst
Business of Law 2024-02-15 5:22 pm By Sam Matthews

Maddocks has recruited a special counsel from Ashurst to head up its trade marks and brand protection practice. 

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Judge vindicates Lisa Wilkinson’s decision to ditch Ten’s legal team
Defamation 2024-02-14 5:13 pm By Sam Matthews

A judge has found that Lisa Wilkinson acted reasonably in ditching Network Ten’s legal team in a defamation case brought by Bruce Lehrmann, noting the “distrust” between the presenter and her former employer as well as other matters, including a retainer Ten’s solicitors had with The Australian newspaper. 

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High Court grants special leave in Ford class action over PowerShift transmissions
High Court 2024-02-14 1:11 pm By Christine Caulfield

The High Court has granted special to leave to a class action against Ford over allegedly PowerShift transmissions, agreeing to hear the case alongside two appeals in a class action against Toyota that deal with how reduction in value damages should be calculated under the Australian Consumer Law.

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Mazda ordered to pay $11.5M for ‘appalling’ customer service
Competition & Consumer Protection 2024-02-14 3:26 pm By Cat Fredenburgh

Mazda has been ordered to pay $11.5 million after a court found the Japanese car maker engaged in “appalling” customer service and misled nine purchasers of defective vehicles about their entitlement to a refund or replacement under the Australian Consumer Law.

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Noumi seeks to shield PwC report in privilege fight with ASIC
Securities 2024-02-14 5:39 pm By Cindy Cameronne

Noumi has argued a PricewaterhouseCoopers report commissioned by its lawyers at Ashurst is protected by legal professional privilege, after the food manufacturer admitted to overstating the value of its inventory and failing to properly disclose its financial position.

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Arbitration clause sending shipping dispute to UK not void, High Court finds
Arbitration 2024-02-14 11:37 pm By Cat Fredenburgh

Adani subsidiary Carmichael Rail has lost its High Court challenge seeking to have a dispute over damaged steel rails heard in Australian Federal Court rather than by an arbitrator in London.

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Lisa Wilkinson begged Ten to admit role in Logies speech after media backlash, court told
Defamation 2024-02-13 2:23 pm By Sam Matthews

The Project presenter Lisa Wilkinson has told a court that she begged Network Ten to admit its role in a controversial Logies speech for which she faced criticism in the media, as she pushes to have the network cover her costs in defamation proceedings brought by Bruce Lehrmann.

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Lawyer denies she was ’embarrassed’ by sign-off on controversial Logies speech
Media 2024-02-13 2:36 am By Sam Matthews

A senior lawyer at Network Ten has told the court she was not embarrassed by legal advice given to Lisa Wilkinson in relation to her controversial Logies speech and denied she was “utterly ill-equipped” to play a role in Wilkinson’s defence, amid a stoush between the network and the presenter over her legal bill in Bruce Lehrmann’s defamation case. 

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DVA may face class action for sharing veterans’ sensitive medical data
Privacy & Cybersecurity 2024-02-13 5:22 pm By Cat Fredenburgh

The Department of Veterans’ Affairs is facing a class action investigation for allegedly sharing the sensitive medical and personal data of 300,000 veterans and their families without authorisation.

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