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Judges don’t have to give ‘running commentary’ on oral submissions, court says
Courts 2024-08-15 11:02 pm By Sam Matthews

An appeals court has rejected oOh!media’s claim that it was denied procedural fairness in a dispute with Transport for NSW, saying judges are not required to give a “running commentary” on oral submissions and that counsel must be “constantly alert” when appearing in court.

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CBA shareholders appeal trial loss in money laundering class actions
Class Actions 2024-06-25 11:16 pm By Cat Fredenburgh

Shareholders of Commonwealth Bank have lodged expected appeals challenging a decision tossing their class actions over alleged lax money laundering compliance, giving the Full Federal Court a chance to clarify when companies must disclose regulatory investigations.

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CBA didn’t have to alert investors to ‘toings and froings’ of AUSTRAC probe, judge says
Class Actions 2024-05-15 11:18 pm By Cindy Cameronne

A judge that tossed two shareholder class actions against the Commonwealth Bank of Australia has found the bank did not have to alert investors to the possibility of AUSTRAC proceedings, saying investors did not expect to be apprised of the “toings and froings” of regulatory investigations.

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CBA defeats shareholder class actions over money laundering disclosures
Class Actions 2024-05-10 12:20 pm By Cat Fredenburgh

Two class actions have failed to convince a judge that the Commonwealth Bank of Australia’s money laundering compliance failure which led to a $700 million penalty was “law breaking on a grand scale” that should have been disclosed to the market, the latest shareholder case to flop after being taken to trial.

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High Court to decide if new duty of care for NSW builders is apportionable
Construction 2024-04-18 11:03 pm By Sam Matthews

The High Court is set to weigh in on a challenge to a precedent-setting decision that found breaches of statutory duty under a provision of the Design and Building Practitioners Act are not apportionable, in a case with significant ramifications for the NSW construction industry.

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Qantas can’t keep lid on instructions to Herbert Smith Freehills over ground crew sacking
Employment 2024-03-06 3:57 pm By Cindy Cameronne

A judge has ordered Qantas to hand over instructions it gave to its solicitors at Herbert Smith Freehills that underpinned advice over the airline’s decision to sack 1,700 ground crew during the COVID-19 pandemic.

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CBA class action judge may weigh impact of two failed shareholder cases
Securities 2024-01-22 11:10 pm By Cindy Cameronne

Awaiting judgment in Federal Court class actions by shareholders over its money laundering risk disclosures, the Commonwealth Bank will ask the court to reopen the case to consider the relevance of two recent decisions that found shareholders in other class actions had failed to prove loss.

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Dick Smith CFO stuck with $57M judgment after High Court revokes special leave
Appeals 2023-12-06 4:54 pm By Christine Caulfield

Former Dick Smith CFO Michael Potts is on the hook for paying $57 million in damages to National Australia Bank after the High Court on Wednesday revoked its grant of special leave, finding he did not raise a legal question of public importance.

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Union test cases ‘don’t make much sense in 2023′, says judge in Qantas spat
Employment 2023-12-05 11:54 pm By Cindy Cameronne

A judge has admonished the Transport Workers Union for relying on test cases to decide compensation for 1,700 ground crew who were sacked during the COVID-19 pandemic, saying it should instead bring a class action.

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End of the road for Arrium lenders’ case against directors
Financial Services 2023-11-20 11:21 pm By Cat Fredenburgh

The High Court has denied a bid for special leave by the Commonwealth Bank and other lenders to challenge a ruling that found two Arrium directors did not mislead them about loan drawdown notices ahead of the steel company’s $2.8 billion collapse. 

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