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Super trustee Diversa can’t dodge blame for banned financial adviser, court told
Allens 2023-07-31 10:02 pm By Sam Matthews Melbourne

The Australian Securities and Investments Commission has told a trial judge that superannuation trustee Diversa can’t hide behind outsourcing arrangements to explain its alleged failures to oversee a now-banned financial adviser accused of luring vulnerable customers into signing up to Diversa accounts.

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EY points finger at Blue Sky in shareholder class action defence
Accounting 2023-07-31 10:32 pm By Cat Fredenburgh

Auditor Ernst & Young has filed cross-claims against Blue Sky in a shareholder class action accusing the collapsed investment firm of misleading shareholders by misstating its assets under management.

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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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Cosmetic Institute surgeons can’t declass breast implant action
Anthony McInerney 2023-07-28 4:28 pm By Christine Caulfield

A judge has tossed out an application by a group of surgeons who formerly worked for The Cosmetic Institute to declass a representative proceeding on behalf of 13,500 patients who claim they suffered injury or complications from breast augmentation surgery.

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ABC source for Heston Russell articles told reporter his memory was ‘hazy’, court hears
ABC 2023-07-28 10:06 pm By Cindy Cameronne Sydney

A source for ABC articles over alleged war crimes that are at the centre of a defamation case by ex-commando Heston Russell told reporters his memory of the events was “hazy”, a court heard Friday.

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Phoenix hit with record $438M penalty for unconscionable enrollment practices
ACCC 2023-07-28 10:13 pm By Cat Fredenburgh

Collapsed vocational education provider Phoenix Institute and its marketing arm have been hit with a record $438 million penalty after a judge found they acted unconscionably and with “callous indifference” by enticing vulnerable consumers to enrol in unsuitable courses with promises of free laptops.

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Ex-Cushman & Wakefield director appeals ban on office leasing role with rival
Article 2023-07-28 11:30 pm By Christine Caulfield

A former Cushman & Wakefield director is appealing a ruling released Friday that upheld a non-compete restraint in her employment contract with the real estate services giant.

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Monster Energy’s security for costs bid ‘manifestly excessive’, judge says
Food and Beverage 2023-07-28 2:40 pm By Christine Caulfield

The security sum sought by Monster Energy from an inventor suing the beverage giant for patent infringement was “manifestly excessive”, a judge has said, and was based on an estimate of costs that included the fees of three solicitors and two barristers at an interlocutory hearing.

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Arrium class action’s potential loss of contingency fee irrelevant to transfer fight, KPMG says
Accounting 2023-07-27 5:06 pm By Christine Caulfield

The possibility that a NSW judge will revoke a contingency fee order made in a class action over Arrium’s collapse is irrelevant to whether the proceedings should be transferred from Victoria to the appropriate forum, Arrium’s auditor KPMG has told a court.

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Viterra goes to High Court in epic fight with Cargill over Joe White sale
Agriculture 2023-07-27 11:27 pm By Christine Caulfield

Glencore-owned Viterra has taken its 10-year fight with Cargill to the High Court after an appeals court upheld a judgment putting it on the hook for almost $300 million in damages for misleading representations in the sale of malt producer Joe White in 2013.

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