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Appeal filed after judge rejects bid for oral discovery in 7-Eleven class actions
Class Actions 2021-03-09 4:25 pm By Miklos Bolza

The lead plaintiffs in two class actions against 7-Eleven have appealed a decision rejecting the very first Federal Court application for oral discovery, which would have seen four former employees bound by confidentiality agreements give evidence.

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New evidentiary tool on cards as 7-Eleven class action judge hears first ever oral discovery bid
Class Actions 2021-02-19 4:07 pm By Miklos Bolza

A Federal Court judge overseeing two franchisee class actions against 7-Eleven has heard a landmark application for pre-trial oral discovery that could create another tool for lawyers to source evidence otherwise blocked by confidentiality agreements.

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MySuper lawsuit gets one more chance before NAB pulls trigger on dismissal
Financial Services 2021-02-03 12:23 pm By Miklos Bolza

Two NAB units have indicated they will seek to dismiss a lawsuit over alleged MySuper mismanagement which the court recently ruled was not validly commenced as a class action if the lead applicant fails in his bid to replead.

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Class action against NAB over MySuper not validly commenced, court finds
Class Actions 2020-12-21 12:58 pm By Miklos Bolza

A class action filed by Maurice Blackburn against NAB units MLC and NULIS was invalidly commenced thanks to a carve out in the Supreme Court Act that bars class actions involving trust property, the Victoria Supreme Court has found.

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Climate change lawsuit ‘hopelessly defective’, court told
Environment 2020-11-10 2:44 pm By Miklos Bolza

The Federal Government has critised as “hopelessly defective” a lawsuit alleging it failed to disclose the impacts of climate change to investors in sovereign bonds, and the judge overseeing the matter has also raised concerns about the case.

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Claims of loss questioned in MySuper class action against NAB units
Financial Services 2020-10-29 4:04 pm By Christine Caulfield

A judge has raised doubts about claims of loss and damage in a class action by members of superannuation funds operated by NAB units MLC and NULIS over alleged MySuper mismanagement, as he determines a challenge to whether the case was validly brought as a class action.

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Property group Cromwell loses discovery bid for case against hostile suitor ARA
Corporate 2020-10-21 11:44 am By Christine Caulfield

Real estate investment giant Cromwell Property Group will not get the court’s help in pursuing a case of “unlawful association” against its largest shareholder, Singapore-based ARA Group, which has made a $518 million hostile takeover bid, and the family of Chinese billionaire Gordon Tang.

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NAB units seek to shut down MySuper class action
Financial Services 2020-08-24 4:10 pm By Miklos Bolza

Two National Australia Bank units are trying to shut down a Maurice Blackburn-led class action over alleged superannuation mismanagement, claiming that the proceeding was invalidly commenced in the Supreme Court of Victoria.

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Unique legal carve out could see NAB class action moved to Federal Court
Class Actions 2020-08-07 4:50 pm By Alison Eveleigh

The lead applicant in a class action against two National Australia Bank units for alleged superannuation mismanagement wants the proceedings moved to the Federal Court over concerns the matter cannot run in the Victorian Supreme Court due to a unique statutory carve out.

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Tips from top barristers on litigating in a virtual courtroom
Feature 2020-04-14 10:14 pm By Miklos Bolza

The novel coronavirus pandemic has forced Australian courtrooms into the virtual world, with many barristers and solicitors litigating via phone or video for the first time. Here, some of Australia’s top barristers offer tips on how to bring your A game into the virtual realm.

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