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Judge orders release of emails by lawyer who told ex-Secure Logic exec to destroy computer files
Article 2019-08-13 8:41 pm By Christine Caulfield Melbourne

A judge has ruled that a former executive of cyber security firm Secure Logic Group, who took advice from a lawyer to destroy the contents of a personal computer that allegedly contained confidential infomation from the company, has waived legal professional privilege over the communication.

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$100 million class action trailblazer back in the ring with new case on behalf of farmers
Agriculture 2019-08-13 8:15 pm By Amelia Birnie Sydney

A trailblazing country lawyer who took out seven overdraft extensions to self-fund a landmark $100 million case in the early years of the federal class action regime has stepped back into the ring to run a new case on behalf of dozens of Australian farmers.

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Cladding maker 3A Composites points finger at third parties in class action defence
Class Actions 2019-08-13 6:15 pm By Miklos Bolza Sydney

German cladding manufacturer 3A Composites has denied that its cladding is unsafe and caused class members loss and damage, instead pointing the finger at unknown third parties and arguing the Federal Court does not have jurisdiction to hear the matter.

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Westpac defeats ASIC home loan case
ASIC 2019-08-13 11:43 am By Amelia Birnie Sydney

Westpac has defeated a responsible lending case brought by the Australian Securities and Investments Commission in relation to almost 262,000 home loans, with the Federal Court finding the corporate regulator misinterpreted the operation of national lending laws.

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Ultra Tune appeals ‘manifestly excessive’ penalty for breaching Franchising Code
Chief Justice James Allsop 2019-08-12 9:11 pm By Miklos Bolza Sydney

National car repair franchise Ultra Tune has argued in a Full Federal Court appeal that a $1.07 million penalty in an ACCC case was “manifestly excessive” because it was based on unintentional breaches of the Franchising Code of Conduct that were caused by tardy accountants and auditors.

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Judge won’t join insurer to Reed Construction liquidator’s insolvent trading case
Andrew Campbell 2019-08-12 5:55 pm By Amelia Birnie Sydney

A judge has refused to join the insurer of collapsed Sydney builder Reed Constructions to insolvent trading proceedings brought by the company’s liquidators, after finding it was unreasonable to expect the insurance company to irrevocably confirm coverage.

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ASIC drops market manipulation appeal against NAB contractor Whitebox
ASIC 2019-08-12 3:36 pm By Amelia Birnie Sydney

ASIC has abandoned its market manipulation case against National Australia Bank contractor Whitebox Trading, just over a month after the financial regulator decided to appeal the Federal Court’s primary decision to throw out their case.

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Law firm boss wins stay of $170k sexual harassment judgment, despite some ‘weak’ appeal grounds
Adamson Legal & Conveyancing 2019-08-12 2:20 pm By Amelia Birnie Sydney

An appeal judge has stayed a $170,000 judgment against the head of a New South Wales law firm after he was found to have engaged in a “particularly sinister” campaign of sexual harassment against a former employee, despite concerns that some of his appeal grounds were “barely arguable”.

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‘Dangerous proposition’: Judge refuses early liability determination in Dick Smith insurer class action
Alec Leopold 2019-08-12 1:34 pm By Amelia Birnie Sydney

The plaintiffs in an investor class action brought against the insurers of Dick Smith have lost an early bid to determine the viability of their claim, amid concerns that the total value of five separate cases against the failed retailer will exhaust the $300 million limit of two insurance policies.

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Jailed lawyer Brody Clarke seen as ‘young hotshot’ at Atanaskovic Hartnell, judge says
Atanaskovic Hartnell 2019-08-09 11:40 pm By Cat Fredenburgh Melbourne

Jailed solicitor and fraudster Brody Clarke was not the mediocre, junior lawyer his boss at Sydney law firm Atanaskovic Hartnell made him out to be, a judge has said, but was considered a “young hot shot” who perpetrated a “catastrophic” $9 million fraud on media mogul Bruce Gordon in the scope of his employment.

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