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Trustee of Mayfair’s IPO Wealth looks to dodge liability in $86M class action
Class Actions 2021-04-26 5:53 pm By Miklos Bolza

The trustee of Mayfair Group’s collapsed IPO Wealth Fund has denied claims in a class action that it misled investors who lost $86 million when the fund was wound up, and says it is fully indemnified for the class action’s claims under an agreement with the fund.

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Westpac gets lion’s share of proceeds from ‘anxious’ sale of collapsed fintech Sargon Group
Restructuring & Insolvency 2021-04-26 4:04 pm By Miklos Bolza

Westpac will recoup the majority of proceeds from the $29.6 million sale of collapsed fintech Sargon Group, with a judge calling the company’s liquidators “anxious sellers” who sold at speed and well below market value.

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Qantas can’t sack long haul pilot that reached mandatory retirement age
Employment 2021-04-26 12:23 pm By Cat Fredenburgh

A judge has temporarily barred Qantas from moving forward with its plans to terminate a long haul pilot who reached the mandatory retirement age of 65, saying the pilot had established that he may have an age discrimination claim against the airline.

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‘Absolutely not’: Judge won’t hold Ethicon-type trial in TFS pelvic mesh class action
Class Actions 2021-04-23 10:59 pm By Miklos Bolza

Hoping to avoid a lengthy trial like the 89-day hearing in the pelvic mesh class action against Johnson & Johnson’s Ethicon, a judge has suggested splitting up a class action hearing over TFS Manufacturing and IVS pelvic mesh products to focus on the question of the devices’ safety and efficacy first.

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ASIC asks court to approve receivers to sell Melissa Caddick’s assets
Restructuring & Insolvency 2021-04-23 10:06 pm By Cat Fredenburgh

Two months after the remains of accused fraudster Melissa Caddick were discovered on a NSW beach, ASIC is seeking to appoint final receivers to realise her assets, although the family and friends who invested tens of millions with the Sydney businesswoman are not expected to fully recoup their investments.

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In Pizzeys client poaching case, ‘fraught’ separate questions rejected
Intellectual Property 2021-04-23 10:01 pm By Christine Caulfield

Two lawyers facing a lawsuit over their defection from specialist IP firm Pizzeys Patent and Trade Mark Attorneys have failed in their bid to have separate hearings in the case concerning the validity of non-compete clauses in their employment contracts.

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Fairfax can’t add new claims of ‘very serious criminal misconduct’ in Ben Roberts-Smith’s case
Defamation 2021-04-23 5:33 pm By Cindy Cameronne

A judge overseeing Ben Roberts-Smith’s defamation case against Fairfax has refused a bid by the publisher to bolster its defence with further allegations of criminal conduct by the soldier, who told the court Friday former Governor-General Quentin Bryce will give evidence for him at the upcoming trial.

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Judge ‘bereft’ of power to vary $138M IAG settlement to allow late opt outs
Insurance 2021-04-23 5:07 pm By Miklos Bolza

A $138 million class action settlement with IAG over alleged junk insurance will go ahead after a judge found he was “bereft” of power to vary his prior approval judgment and include late opt out bids by group members that threatened to derail the agreement last month.

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Law firms behind rival Allianz class actions to press for novel alternative to beauty parade
Class Actions 2021-04-23 3:46 pm By Christine Caulfield

Two law firms bringing competing class actions against insurance giant Allianz have proposed to resolve the duplication by jointly running just one of the cases, but the judge overseeing the litigation needs convincing, she said Friday.

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NAB class action over MySuper put on ice as invalidity ruling challenged
Financial Services 2021-04-22 10:35 pm By Christine Caulfield

A Federal Court class action against two NAB units over $6.3 billion in super funds is on hold after lawyers for the applicant filed an appeal of a ruling that found their state court proceeding had been invalidly commenced.

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