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Last stop for ACCC as High Court refuses leave to appeal Pacific National, Aurizon deal
Competition & Consumer Protection 2020-12-08 1:34 pm By Christine Caulfield

The ACCC has reached the end of the line in its challenge to Pacific National’s $205 million acquisition of Aurizon’s Acacia Ridge Terminal in Queensland, with the High Court dismissing the competition regulator’s application to take up the appeal.

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Damages to misclassified casuals will be offset by loading under new workplace bill
Employment 2020-12-07 10:10 pm By Christine Caulfield

Casual workers will have the option of permanent employment after 12 months under the Morrison government’s industrial relations omnibus bill to be unveiled this week, but the legislation will also scale back what damages casuals can pocket in legal action over misclassification.

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ASIC wins winding up orders against accused Ponzi schemer Chris Marco
Financial Services 2020-12-07 9:26 pm By Christine Caulfield

A judge has ordered the winding up of a managed investment scheme operated by Perth businessman Chris Marco and his company AMS Holdings after investors allegedly lost more than $200 million.

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PwC’s client urged to get separate lawyers in tax office stoush over legal privilege
Tax 2020-12-07 4:39 pm By Christine Caulfield

A court battle between the Australian Taxation Office and PricewaterhouseCoopers over the scope of legal professional privilege claimed by one of its major clients, meat processing giant JBS Australia, has hit a preliminary snag over the consulting giant’s representation of JBS, with a judge warning he might compel the company and its subsidiaries to engage independent lawyers.

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Class action against collapsed Linchpin Capital gets court go-ahead
Restructuring & Insolvency 2020-12-07 3:11 pm By Christine Caulfield

A judge has given his blessing to investors to pursue a class action against financial services firm Linchpin Capital and its subsidiary Endeavour Securities, saying there was a strong possibility the failed companies’ alleged liability would be covered by an insurance policy.

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Judge nixes bid to boot unregistered group members from Sims class action
Class Actions 2020-12-04 10:23 pm By Christine Caulfield

A bid by the applicant to restrict a securities class action against recycling company Sims Metal Management to shareholders who have registered to join the case has been shot down by a judge, who said the application was not in the interests of justice but “in the interests of injustice”.

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Djab Wurrung ‘directions’ trees at Victorian highway upgrade site win temporary protection
Transportation & Infrastructure 2020-12-03 10:59 pm By Christine Caulfield

A judge has issued a temporary injunction stopping roadworks along the Buangor and Ararat stretch of the Western Highway improvement project in Victoria ahead of a trial over the cultural significance of the area for its traditional owners.

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Banksia funder’s son says threat to scrap $64M class action settlement ‘didn’t feel right’
Class Actions 2020-12-03 5:45 pm By Christine Caulfield

The son of Banksia Securities class action funder Mark Elliott questioned his father on whether it was “right” to rip up a $64 million settlement with the collapsed lender’s trustee if the deal didn’t guarantee him a $12.8 million commission, a court has heard.

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Mark Elliott’s son admits postdating cheques to Banksia lawyers ‘doesn’t look good’
Class Actions 2020-12-02 11:12 pm By Christine Caulfield

Lawyer Alex Elliott has told a judge he didn’t know when he postdated cheques for members of the Banksia class action legal team that it was done to mislead the appeals court in the case, but has admitted that in hindsight “it doesn’t look good”.

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Norton Rose partner destroyed evidence in Fair Work case, court told
Employment 2020-12-02 9:18 pm By Christine Caulfield

An employment partner with Norton Rose Fulbright, who has been referred by a judge to the legal watchdog for possible professional misconduct in a case by a former colleague, is under scrutiny in a second Fair Work suit, this time for allegedly destroying evidence.

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