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NAB fails to resolve discovery spat in ‘boys club culture’ case
Employment 2023-05-04 11:11 pm By Cat Fredenburgh

National Australia Bank has moved to set aside discovery requests in a suit by its former head of repo trading alleging she was bullied and paid less than other workers because of her gender.

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Ex-BCEG directors claw back costs after shaving $12.5M off judgment
Construction 2023-05-04 2:43 pm By Sam Matthews

Two ex-directors of Chinese construction and engineering firm BCEG who were found to have defrauded the company have succeeded in clawing back a portion of their costs of a partially successful appeal which reduced the amount owing to their former employee by around $12.5 million.

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Atradius can’t bring late $1.5B claim over Arrium administration
Restructuring & Insolvency 2023-05-03 10:25 pm By Cindy Cameronne

Insurer Atradius has lost its bid to bring a $1.5 billion (US$1 billion) case against four KordaMentha liquidators and 60 financiers of the Arrium group alleging they failed to act under a duty of utmost good faith when agreeing on how to divvy up sale proceeds for several entities.

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Nuix class action to go ahead despite ASIC case
Class Actions 2023-05-02 3:58 pm By Sam Matthews

A shareholder class action against software company Nuix will go ahead as planned, after a stay application threatened to put the proceeding on ice pending the outcome of a separate case brought by ASIC.

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Cost of independent counsel to advise on Banksia silk’s $1.25M offer ‘can’t be justified’, court says
Class Actions 2023-05-02 11:07 pm By Christine Caulfield

The Victoria Supreme Court will not appoint a contradictor to weigh in on the reasonableness of a $1.25 million settlement offered by companies associated with the wife of a once prominent silk struck from the roll over the Banksia Securities class action scandal.

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Class action can’t grill Noumi lawyer on legal privilege claims over PwC docs
Securities 2023-05-02 11:27 pm By Christine Caulfield

The applicants in a shareholder class action against the former Freedom Foods have failed in a bid to cross-examine Noumi’s inhouse counsel on affidavits swearing to the legal professional privilege of 3,000 documents, including material containing advice from accounting firm PricewaterhouseCoopers.

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Hotel quarantine class action survives second shutdown bid by Victorian government
Class Actions 2023-05-02 10:40 am By Sam Matthews

The state of Victoria has lost its appeal bid to stay a class action brought over the 2020 hotel quarantine debacle in light of a pending criminal action against the Department of Health.

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ABC drops truth defence in defamation case by ex-commando Heston Russell
Defamation 2023-05-02 3:39 pm By Cat Fredenburgh

The ABC has dropped its truth defence to former Army major Heston Russell’s claims that he was defamed by two articles that suggested that he was involved in murdering an Afghan prisoner.

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Katy Perry loss shows fame no ticket to ride ‘roughshod’ over trade mark owners
Analysis 2023-05-01 12:36 pm By Christine Caulfield

An infringement ruling against US singer Katy Perry in a case brought by an Australian fashion designer is a “win for the little guy”, experts say, showing that fame doesn’t give celebrities a blank cheque to exploit their brand at the expense of someone’s else’s registered trade mark.

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MLC agrees to pay $10M penalty in ASIC case
Insurance 2023-05-01 11:56 pm By Christine Caulfield

MLC has agreed to cop a $10 million penalty for admitted breaches of the Corporations Act in an ASIC case that alleged the insurer failed to promptly update medical terms in policies and withheld payment of a life insurance benefit.

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