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Australia Post unit loses bid for quick win in sexual harassment case
Employment 2024-07-24 11:57 pm By Cindy Cameronne

Star Track Express has lost its bid to summarily dismiss a lawsuit by a warehouse worker who claims it is vicariously liable for sexual harassment after the logistics company argued she had no contractual relationship with the business.

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Ex-ATO worker was not forced to resign amid murder charges, FWC finds
Employment 2024-07-24 11:37 pm By Cindy Cameronne

A former employee of the Australian Taxation Office who faced murder charges over a cold case from 1984, which have since been dropped, has lost his unfair dismissal case after the FWC found he was not forced to resign. 

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Former OnePath chair ‘not cooperating’ in ANZ class action, court told
Class Actions 2024-07-23 1:59 pm By Cindy Cameronne

The ex-chair of former ANZ unit OnePath “has not been cooperating” in a class action alleging it breached its duties as a trustee of superannuation funds by slugging members with excessive fees to pay commissions to financial advisers, a court has heard. 

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Investor class action can’t see Virgin’s advice from Herbert Smith Freehills
Class Actions 2024-07-23 11:40 pm By Cindy Cameronne

A judge has rejected arguments that Virgin Australia waived legal professional privilege over advice from Herbert Smith Freehills by claiming in a class action defence that it had a reasonable belief that statements in a prospectus for a $324 million capital raising were not misleading.

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Four people charged over alleged Telegram ‘pump and dump’ scheme
White Collar 2024-07-23 11:43 pm By Cindy Cameronne

Four people have been charged with conspiracy to commit market rigging and false trading after an ASIC investigation into an alleged scheme organised on social media app Telegram to pump shares in Australian stocks and dump them at inflated prices. 

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McGrathNicol partners duck apprehended bias claims in Globaltech administration
Restructuring & Insolvency 2024-07-22 11:43 pm By Cindy Cameronne

A judge has rejected an application by a director of mining tech company Globaltech to replace administrators from McGrathNicol after arguing there was an appearance of bias since their fellow partners used to be on the board of its biggest unsecured creditor, Boart Longyear.

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McDonald’s opposes ‘skewed’ employee samples in underpayments class action
Class Actions 2024-07-22 3:06 pm By Cindy Cameronne

McDonald’s has raised concerns about a “skewed” sample of employees for the initial trial in a class action alleging the fast food giant denied shift managers compensation for pre- and post-shift work.

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Former Big Un CFO doesn’t have to file defence in liquidators’ case
Restructuring & Insolvency 2024-07-22 3:47 pm By Cindy Cameronne

The CFO of former market darling Big Un, who has been charged with insider trading, has been excused from filing a defence or taking other procedural steps in the collapsed company’s case against its ex-directors. 

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Early common fund orders blessed by NZ appeals court in ANZ class action
Class Actions 2024-07-19 10:00 pm By Cindy Cameronne

A New Zealand appeals court has ruled that common fund orders can be made in class actions, even at the early stages, departing from the High Court of Australia in finding the commercial viability of a proceeding enhances access to justice. 

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Amex hit with $8M penalty in first ever case over DDO breaches
Financial Services 2024-07-19 1:58 pm By Cindy Cameronne

A judge has ordered credit card giant American Express to pay $8 million in ASIC’s first-ever case over design and distribution obligations, but has criticised the recently enacted provisions as being “poorly drafted”. 

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