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Mawhinney must pay $1.3M to continue suit against McGrathNicol receivers
Dentons 2023-09-11 5:09 pm By Cindy Cameronne

Mayfair 101 founder James Mawhinney must pay $1.3 million in security within six weeks or a case brought on behalf of his property management group Mainland against a lender and two McGrathNichol receivers will be thrown out. 

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Tenant of $15,000/week Sydney penthouse loses contempt claim against landlady
Contracts 2023-09-11 4:47 pm By Sam Matthews

A judge has thrown out a contempt motion brought by the owner of the Illawarra Hawks against the landlady of his $15,000 per week apartment, finding the woman did not commit criminal contempt by failing to remove personal items, including porcelain dolls, which were stored at the premises.

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Care A2 tries again to block Gensco’s US suit over baby formula deal
Appeals 2023-09-08 11:57 pm By Cat Fredenburgh

Infant formula giant Care A2 will try again to block business partner Gensco from bringing claims against it in a US court that overlap with a $200 million Australian lawsuit over a deal to sell formula in the US.

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COVID-19 insurance class action members can ‘have their cake and eat it too’: judge
Allens 2023-09-08 11:55 pm By Cindy Cameronne

A judge considering bids to de-class COVID-19 business interruption class actions has said group members can sign up for the representative proceedings but later decide to make claims directly with their insurers.

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Construction PRO
Judge refuses to bar children, non-Indigenous people from PFAS settlement
Anya Poukchanski 2023-09-08 11:26 pm By Cindy Cameronne

A judge has rejected a bid by in-fighting group members to bar children and non-Aboriginal residents in the Wreck Bay community from receiving a cut of an approved $22 million settlement over alleged PFAS contamination.

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Ben Roberts-Smith funder Seven says ruling on emails has ‘far reaching implications’
Arthur Moses 2023-09-08 2:56 pm By Sam Matthews

Former soldier Ben Roberts-Smith and Seven Network, which funded his defamation case, have asked for the Full Federal Court to weigh in on appeals against a decision requiring the production of thousands of emails passing between them, which the broadcaster said has implications for all funded proceedings.

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ME Bank pleads guilty to misleading borrowers, says crime didn’t hurt anyone
ASIC 2023-09-07 11:00 pm By Sam Matthews

Direct bank Members Equity has pleaded guilty to criminal charges over misleading representations to customers, but a judge has questioned the bank’s submissions in favour of a low penalty, noting it was only “happenstance” that a systems glitch didn’t lead to worse outcomes for customers.

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Construction PRO
High Court won’t disturb insurers’ win in Pacific Highway case
Appeals 2023-09-07 2:41 pm By Christine Caulfield

The High Court won’t hear an appeal in a case by Acciona and Ferrovial against three insurers over coverage for loss and damage resulting from heavy rainfall at the site of construction of the Pacific Highway in northern New South Wales.

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Receivers reach agreement with Melissa Caddick’s husband
Baker McKenzie 2023-09-06 11:53 pm By Sam Matthews

The receivers of Melissa Caddick’s estate have reached an in-principle agreement with the Sydney frauster’s husband and son in relation to the division of a small number of remaining assets.

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Law firms to team up in shareholder class action against Medibank
Adam Hochroth 2023-09-06 11:44 pm By Sam Matthews

A judge has approved a bid to consolidate two shareholder class actions against Medibank over a cyberattack that affected 10 million customers, finding that having two firms on the record is better than a carriage contest.

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