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IOOF follow-on shareholder class action flops
Financial Services 2020-05-25 4:13 pm By Christine Caulfield

Eight months after defeating a case brought by the prudential regulator alleging breaches of superannuation laws, wealth manager IOOF has escaped a class action without paying a cent to shareholders.

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Judge rejects GetSwift’s latest push to delay ASIC trial for a year
Securities 2020-05-21 9:43 pm By Christine Caulfield

Logistics company GetSwift and its directors have failed in a bid for a year-long delay of a trial scheduled to start next month in ASIC’s case alleging breaches of the Corporations Act, despite arguing that the procedural unfairness of a remote hearing gave the regulator a leg-up over the US-based company.

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Judge was wrong to find breach worker didn’t allege, court hears
Employment 2020-05-21 9:19 pm By Christine Caulfield

Heiko Constructions has won approval to appeal a ruling from Federal Circuit Court Judge Salvatore Vasta that found the company committed a breach of the Fair Work Act that was not pleaded by the former employee who brought the case.

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Boral prevails in costly cement supply stoush with Wagners
Construction 2020-05-21 5:17 pm By Christine Caulfield

Boral has successfully defended a lawsuit brought by a subsidiary of building products supplier Wagners, which previously estimated it would take a $10 million financial hit for suspending a cement supply contract with the construction giant.

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Kraft takes trade dress battle with Bega to High Court
Intellectual Property 2020-05-21 11:12 am By Christine Caulfield

US food giant Kraft-Heinz wants the High Court to hear its intellectual property stoush with Bega after twice losing the battle over the right to use its peanut butter trade dress in Australia.

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Casual workers win big in leave entitlements test case
Employment 2020-05-20 11:08 pm By Christine Caulfield

In a major blow to Australian businesses, the Full Federal Court has ruled that casual employees who work regular shifts are entitled to paid annual, personal and compassionate leave under the Fair Work Act.

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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
Tax 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
Class Actions 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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Hero Sushi served $890,000 fine for underpaying workers, falsifying records
Employment 2020-05-18 11:15 pm By Christine Caulfield

The operators of three Hero Sushi outlets have been fined a record $891,000 for underpaying staff and providing false records to the Fair Work Ombudsman to cover up what a judge referred to as wage “fraud”.

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