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National Tiles boss Frank Walker can shield legal docs in fraud case by ousted director
Alexandra Folie 2023-07-31 11:41 pm By Christine Caulfield

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
ACCC 2022-12-23 5:27 pm By Cat Fredenburgh

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
Colin Biggers & Paisley 2022-10-24 4:29 pm By Sam Matthews

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
ACCC 2022-08-19 11:20 pm By Sam Matthews

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
Allens 2022-04-06 4:55 pm By Miklos Bolza

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
Australian Government Solicitor 2022-04-01 1:39 pm By Cat Fredenburgh

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
Allens 2022-03-28 8:57 pm By Miklos Bolza

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
Andrew Palmer 2021-10-08 10:50 pm By Christine Caulfield

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
Allan Myers 2021-03-24 4:56 pm By Christine Caulfield

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
Allan Myers 2021-03-18 10:29 pm By Christine Caulfield

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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