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‘That’s not what investors signed up for’: Linchpin used funds for unauthorised loans, court told
Trials 2022-03-08 9:40 pm By Sam Matthews

Clients of Linchpin Capital Group and subsidiary Endeavour Securities who were promised investments in a diversified loan portfolio were instead duped into funding Linchpin’s own business interests and lining its directors’ pockets, a judge has heard as trial got underway in ASIC’s case against three former Linchpin directors.

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Energy Beverages tries to revive ‘Mother’ trade marks
Appeals 2022-03-08 3:41 pm By Cat Fredenburgh

The maker of Mother brand energy drinks has filed an appeal challenging a judge’s decision to remove two of its registered ‘Mother’ trade marks for non-use.

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HWL Ebsworth overlooked ‘obvious red flags’ in joint venture contract, trial told
Professional Negligence 2022-03-07 9:11 pm By Bianca Hrovat

HWL Ebsworth’s clients suffered a staggering $130 million loss when the law firm’s solicitors failed to notice “obvious red flags” in a joint venture contract for an ambitious Sydney-based land development, a court has heard.

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‘The end of litigation as we know it’: Judge pans Nando’s costs in franchising spat
Franchises 2022-03-07 2:36 pm By Miklos Bolza

Nando’s Australia has been criticised for claiming that its costs in a dispute against a single franchisee could reach close to $2 million, with an associate judge saying the bill could kickstart a precedent that leads to “the end of litigation as we know it”.

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Sensible class action reform needed to ensure access to justice for next 30 years
30 years of class actions in Australia 2022-03-07 10:50 pm By Editor

Three decades on from its rocky beginnings, when representatives of the coalition opposition decried the Part IVA bill as a “monstrosity” and as “looney”, “half baked” and “wrong” during parliamentary debates, the class action procedure and its legitimacy and efficacy have come to gain acceptance across the spectrum of practitioners and among the judiciary, says Maurice Blackburn’s Julian Schimmel.

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‘Think about whether GC is the right role for you’: Ex-fintech lawyer says she was bullied after maternity leave
Employment 2022-03-07 10:03 pm By Bianca Hrovat

The former general counsel of UK-based fintech Littlepay has filed a $300,000 lawsuit accusing her former employer of bullying and discrimination upon her return to work following the birth of her twins.

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ANZ denies charging retrospective interest on credit cards
Class Actions 2022-03-07 1:40 pm By Christine Caulfield

ANZ has hit back at claims in a class action that it slugged retrospective interest on credit card accounts and that its interest terms were not explicit, arguing the term ‘retrospective’ is liable to “confuse” the issues to be decided by the court.

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$28M settlement in Arnold Bloch Leibler class action to get court’s OK
Class Actions 2022-03-04 11:05 am By Christine Caulfield

A judge will approve a $28 million settlement resolving a class action against Arnold Bloch Leibler over advice the law firm gave to Slater & Gordon ahead of a disastrous acquisition. A 28 per cent commission for the case’s funder will also get the court’s nod.

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Mitsubishi hits back at class action, says it can’t be sued over fuel efficiency labels
Class Actions 2022-03-04 9:46 pm By Sam Matthews

Mitsubishi has denied class action allegations that it made misleading fuel efficiency representations on labels affixed to the windshields of over 70,000 Triton Utes, and says it can’t be sued under the Australian Consumer Law because the labels were required by law.

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After 30 years, class action regime still plagued with uncertainty
30 years of class actions in Australia 2022-03-04 10:34 pm By Editor

Over the last 30 years, the class action regimes have undoubtedly improved access to justice, helped to resolve disputes more efficiently, and reduced the costs of litigation. While the current spotlight on the role of litigation funding and returns to group members is warranted, other aspects of the regimes are ripe for reform, say Clayton Utz partners Greg Williams, Andrew Morrison, Alexandra Rose and senior associate Will Atfield.

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