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SmileDirectClub can’t get its facts straight, Invisalign claims
Competition & Consumer Protection 2022-01-07 5:11 pm By Bianca Hrovat

The maker of the popular Invisalign dental aligners has sued competitor SmileDirectClub for allegedly misleading consumers about the cost and efficacy of its direct-to-consumer teeth alignment kits.

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Barrister faces discipline after ‘gut-feeling’ prompts unfounded allegations against solicitor
Legal Ethics 2021-12-23 6:11 pm By Bianca Hrovat

A Sydney-based barrister has been reprimanded for relying on his “gut feeling” in making baseless accusations of misconduct against the principal of a law firm.

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Barrister who sexually harassed clerk has suffered enough, appeals court says
Business of Law 2021-12-22 2:39 pm By Bianca Hrovat

The New South Wales Bar Association has lost an appeal seeking a financial penalty and a professional reprimand against a Sydney barrister for his “poorly judged, vulgar and inappropriate” behaviour, with an appeals court finding damage to his reputation and a hike in his insurance premium dwarfed any punishment it could dole out.

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MySuper class action back on track with appeals court victory
Class Actions 2021-12-21 4:22 pm By Miklos Bolza

The lead applicant in a superannuation class action against two IOOF units has successfully appealed a decision that barred the case from proceeding under a carveout in Victoria’s Supreme Court Act forbidding class actions involving trust property.

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Nimble Money beats back shareholder bid to peek at books
Financial Services 2021-12-21 5:43 pm By Bianca Hrovat

Payday lender Nimble has succeeded in blocking its largest shareholder from accessing company documents relating to an impending debt refinance, with a judge finding the company’s financial woes were due to COVID-19 and not improper conduct by management.

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Judge ‘taken aback’ by Maddocks’ settlement stance in $30M negligence case
Professional Negligence 2021-12-20 6:25 pm By Bianca Hrovat

Law firm Maddocks has been ordered to pay more than $1.4 million in indemnity costs for “throwing good money after bad” in failing to consider a settlement offer in a negligence lawsuit over a client’s botched deal with Woolworths. 

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Judge criticises ASIC for treating orders in Westpac case like ‘traffic lights in Naples’
Financial Services 2021-12-20 1:48 pm By Bianca Hrovat

A judge has criticised the Australian Securities and Investments Commission for treating timetabling orders in its insider trading case against Westpac over a $16 billion interest rate swap as though they were “traffic lights in Naples”.

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Funder of Qld energy class action takes on MIS rules in appeal
Class Actions 2021-12-16 7:00 pm By Miklos Bolza

A litigation funder has taken aim at a landmark judgment in an appeal of a ruling that found its funding arrangement with group members in a class action against Queensland energy suppliers was a managed investment scheme.

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Judge signs off on $9.4M payday for Maurice Blackburn in NT class action
Class Actions 2021-12-16 4:04 pm By Miklos Bolza

A judge has signed off on a $35 million settlement in a class action against the Northern Territory government over alleged human rights abuses against youth detainees, including $9.4 million in fees for Maurice Blackburn.

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Victorian aged care facilities can’t declass claims in COVID-19 class actions
COVID-19 2021-12-16 7:53 pm By Bianca Hrovat

Victorian aged care homes accused of “major failures” during the first wave of the COVID-19 pandemic have lost their bid to declass claims of neglect brought in two class actions on behalf of residents and their grieving families.

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