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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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Public interest defence not defined by truth, ABC tells court in Heston Russell defamation case
ABC 2023-07-31 9:26 pm By Cindy Cameronne Sydney

The Australian Broadcasting Corporation has defended its reporting of alleged war crimes in a defamation case by ex-commando Heston Russell, saying the debate over whether its stories were in the public interest “rises well above truth”. 

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White & Case nabs head of Clayton Utz’s insolvency group
Business of Law 2023-07-31 8:22 pm By Sam Matthews Melbourne

Global firm White & Case has recruited two senior lawyers from Clayton Utz to head up its newly established financial insolvency practice in Australia.

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Judge strikes Banksia funder’s son from roll, OKs settlement with barrister’s wife
Business of Law 2023-07-31 11:37 am By Christine Caulfield

The son of the architect of the Banksia class action fraud has been struck from the roll of lawyers by a Supreme Court of Victoria judge, who on Monday also approved a settlement with companies linked to the disgraced senior counsel for the case.

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James Hardie facing shareholder class action over net income downgrade
Class Actions 2023-07-28 11:53 pm By Christine Caulfield

Building materials giant James Hardie Industries is facing a class action alleging it breached its disclosure obligations over its adjusted net income forecasts for the 2023 financial year.

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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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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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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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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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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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