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National Tiles boss Frank Walker can shield legal docs in fraud case by ousted director

A judge has sided with National Tiles founder Frank Walker over the privilege status of advice from his lawyers in a case by a former director alleging Walker falsified minutes of a crucial company board meeting, saying the evidence on its face did not suggest the minutes had been fabricated.

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Retail Food Group agrees to $10M settlement in ACCC case

Retail Food Group has agreed to a settlement worth $10 million in ACCC proceedings alleging the franchise giant misled purchasers of loss-making stores about the viability of its stores.

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Law firm can’t amend defence in negligence case by teacher wrongly jailed for abuse

A law firm, who along with Piper Alderman and one other firm, is being sued for negligence by a schoolteacher wrongly jailed for the indecent assault of two children has lost a bit to amend its defence at the commencement of the trial.

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Over ‘intransigent’ ACCC, judge says Retail Food Group case can be decided with store sample

A judge has ordered that the ACCC’s case alleging Retail Food Group misled franchisees be run on a sample basis, saying the regulator’s opposition to the idea “smacks of a lack of confidence in its own case.”

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Connective directors hit with indemnity costs for ‘outrageous’ conduct in shareholder stoush

The directors of mortgage aggregator Connective Services have been hit with indemnity costs for their “outrageous conduct” in pursuing litigation against a company shareholder, including giving false statements and destroying evidence.

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Mercedes-Benz to argue Takata airbags recall was invalid

Mercedes-Benz will defend ACCC proceedings alleging it exposed consumers to serious injury or death by failing to comply with obligations under a compulsory recall of potentially deadly Takata airbags by arguing the recall was invalid.

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Macquarie a ‘knowing participant’ in Connective shareholder oppression, court says

Two directors of mortgage aggregator Connective engaged in oppressive conduct towards a minority shareholder and Macquarie Bank was a “knowing participant” when it acquired $5 million worth of shares in the company, the NSW Supreme Court has found.

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Day of reckoning arrives for Banksia class action lawyers

It has been described as the darkest chapter in Victoria’s legal history, an exemplar of all that is terrible with class actions in Australia. A case of greedy lawyers who found their golden egg in a group of retirees who had lost their life savings, never thinking the chickens might come home to roost. Until now.

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Banksia silk’s refusal to give evidence while seeking to reopen defence ‘inexcusable’, judge says

Allowing former senior barrister Norman O’Bryan to reopen his defence in the Banksia class action while “avoiding the witness box” was clearly prejudicial, and futile to boot, a judge has said in his reasons for refusing the silk’s last-minute application.

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Banksia silk Norman O’Bryan signals possible appeal after failure to reopen defence

Once high-flying barrister Norman O’Bryan might seek to challenge a refusal by the judge overseeing the Banksia class action to revisit his abandoned defence and accept into evidence a document he claims proved he did not secretly hold shares in the funder behind the case.

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