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Judge clarifies rights of responsible entities to recoup MIS costs
Financial Services 2022-03-23 4:22 pm By Miklos Bolza

A Federal Court judgment has laid out when a responsible entity of a managed investment scheme will be indemnified for its operating costs and when it can recoup legal costs in defending lawsuits brought over trust property.

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High Court to hear Spain’s sovereign immunity claims in $375M arbitration dispute
High Court 2022-03-23 10:23 pm By Cat Fredenburgh

The High Court has agreed to weigh in on whether an Australian court’s recognition of a $375 million international arbitration award against the kingdom of Spain violated the sovereign immunity doctrine.

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Independent candidate Zoe Daniel wins fight against council over yard signs
Courts 2022-03-23 6:20 pm By Miklos Bolza

In a victory for Victorian independent candidate Zoe Daniel, the state’s Supreme Court has found that promotional signs displayed on lawns did not fall foul of a local council ban on unauthorised displays.

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Court appoints contradictor in class action funder’s challenge to MIS rules
Class Actions 2022-03-22 3:59 pm By Miklos Bolza

The Full Federal Court has appointed a contradictor to “take up the cudgels” against funder Litigation Capital Management, which has challenged a judgment refusing to find that a class action filed against Queensland electricity operators was not a managed investment scheme.

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Greensill says insurer BCC liable for misleading statements if IAG right
Insurance 2022-03-22 3:01 pm By Christine Caulfield

Insurance Australia Group agent Bond & Credit Company owes damages for misleading representations to Greensill Capital if the insurer was not authorised to enter into a trade credit policy at the centre of four lawsuits over the collapse of the financial services firm, a court has been told.

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Qantas hit with $72M suit over cuts to catering services during COVID-19 pandemic
COVID-19 2022-03-22 10:19 pm By Cat Fredenburgh

An Emirates-owned provider of in-flight catering services has taken Qantas to court claiming it’s owed $72.5 million after the airline cut its services during the coronavirus pandemic.

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High Court grants Western Power special leave in bushfire class action
High Court 2022-03-22 2:17 pm By Miklos Bolza

The High Court will hear a challenge by Western Power to an appeals court judgment which found that the state-owned electricity supplier breached its duty of care to inspect power poles on private land and was partly liable for property damage from the 2014 Perth Hills bushfire.

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Google should pay aggravated damages for video ‘abuse’ of Barilaro’s lawyers, court hears
Defamation 2022-03-22 9:17 pm By Sam Matthews

Counsel for John Barilaro on Tuesday detailed the online abuse his lawyers faced in acting in a defamation suit over videos posted by commentator Jordan Shanks, as the court heard YouTube owner Google has abandoned its last line of defence in the case.

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Developer misled buyers of $9.58M South Yarra apartment with ‘artistic impression’
Real Estate 2022-03-22 4:17 pm By Cindy Cameronne

Property developer JD Group will have to pay damages to a Melbourne couple after a judge found the company’s artistic renderings of a $9.58 million South Yarra apartment were “deliberately misleading”.

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7-Eleven ordered to pay $595,000 for misleading franchisee over term of lease
Competition & Consumer Protection 2022-03-22 7:08 pm By Miklos Bolza

Convenience store giant 7-Eleven must hand over $595,000 to a franchisee found to have signed a franchise agreement and invested almost $796,000 into a Melbourne store under false pretences.

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