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Full Court to hear Cigno challenge to ASIC ban on short-term credit lending
Appeals 2020-05-20 12:07 pm By Cat Fredenburgh

Cigno has appealed a ruling shooting down its challenge to the first action brought by ASIC under its powers to prohibit ‘predatory’ financial products, which targeted the payday lender’s model of short-term credit lending.

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‘I didn’t come down in the last shower’: Judge trashes barristers’ submissions in CFMEU whistleblower trial
Brendan Docking 2020-05-20 11:33 am By Miklos Bolza

A judge has scrapped overly-long written submissions by barristers in proceedings brought by two CFMEU whistleblowers and replaced them with an extra day of oral submissions at the end of the hearing, saying he was not duped by the “old game” of shrinking margins and fonts in submissions.

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Qantas wins injunction against FWC in case by stood-down aircraft engineers
Employment 2020-05-19 10:20 pm By Christine Caulfield

A judge has granted Qantas an injunction temporarily blocking the Fair Work Commission from hearing a case brought by the union for the airline’s stood-down aircraft maintenance engineers, saying the issues raised in the case had potentially wide ramifications for all Australian businesses amid the COVID-19 pandemic.

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Businessman Kia Silverbrook can’t overturn $9.3M penalty for unpaid PAYG tax
Acting Justice Carolyn Simpson 2020-05-19 8:43 pm By Christine Caulfield

An appeals court has dismissed a challenge by businessman and prolific inventor Kia Silverbrook to a finding that he was jointly liable to pay a $9.3 million penalty notice issued by the ATO for unpaid Pay As You Go tax.

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Banksia class action law firm flags proportionate liability argument
Arnold Bloch Leibler 2020-05-19 5:42 pm By Christine Caulfield

The law firm facing scrutiny over its legal fees in a class action over the collapse of Banksia Securities will argue that if it is found liable for any misconduct in the running of the case at an upcoming trial, the litigation funder and the barristers it briefed share in the blame.

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3A Composites fights for class closure order in combustible cladding action
Amelia Smith 2020-05-19 4:02 pm By Miklos Bolza

German cladding manufacturer 3A Composites is pushing forward with a bid to close a class action over allegedly combustible cladding to registered group members, arguing that a recent appeals court decision does not bar class closure in this case.

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Court denies sick leave to Qantas workers stood down due to COVID-19
Ashurst 2020-05-18 5:37 pm By Alison Eveleigh

Qantas employees who have been stood down due to the effects of the coronavirus pandemic are not entitled to access sick leave or compassionate leave, a court has ruled, with a union looking to appeal the decision.

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Court suppresses details of Grosvenor, Vannin co-funding agreement
ACCC 2020-05-18 4:16 pm By Miklos Bolza

A court has granted a request from Grosvenor Litigation Services, the funder that backed two class actions against Volkswagen over its emissions cheating scandal, to suppress the details of a co-funding agreement with Vannin Capital.

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Defamation suit accuses AFR of ‘smear campaign’ against Papua New Guinea minister
Defamation 2020-05-18 2:09 pm By Miklos Bolza

Nine-owned Fairfax Media has been hit with a defamation lawsuit by Papua New Guinea’s Minister of Trade & Commerce, who claims the Australian Financial Review engaged in a “smear campaign” by publishing an article accusing him of corruption, bribery and money laundering.

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Atanaskovic Hartnell loses fee fight with company fleeced by Brody Clarke
Alan Sullivan 2020-05-18 11:35 am By Miklos Bolza

Atanaskovic Hartnell has mostly come up short in a court battle for over $172,000 in legal fees, with a judge finding the law firm was in a “manifest position of conflict” in its dispute with two media companies defrauded by one of its former lawyers, Brody Clarke.

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