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Norton Rose partner destroyed evidence in Fair Work case, court told
Employment 2020-12-02 9:18 pm By Christine Caulfield

An employment partner with Norton Rose Fulbright, who has been referred by a judge to the legal watchdog for possible professional misconduct in a case by a former colleague, is under scrutiny in a second Fair Work suit, this time for allegedly destroying evidence.

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High Court rules refugees can sue government for negligence in Federal Court
Chief Justice Susan Kiefel 2020-12-02 5:50 pm By Spencer Fowler Steen

The High Court has ruled that refugees and asylum seekers can sue the government in Federal Court for allegedly breaching its duty of care by failing to provide them with proper medical care while detained in the government’s custody.

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ASIC not ‘disproportionately prejudiced’ by GetSwift’s move to Canada, judge says
Corporate 2020-12-01 9:23 pm By Miklos Bolza

A judge has found that a plan by last mile logistics software company GetSwift to relocate to Canada in the midst of ongoing civil litigation would not “disproportionately prejudice” ASIC, which is seeking penalties against the company.

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‘I idolised dad’: Banksia funder’s son takes stand over class action fee scandal
Class Actions 2020-12-01 7:05 pm By Christine Caulfield

The mastermind behind an alleged fraudulent scheme by members of the legal team running the class action over the collapse of Banksia Securities was a “brilliant operator”, his son has told a court.

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Funder’s involvement in Spotless class action settlement was ‘inappropriate’, judge finds
Class Actions 2020-12-01 5:25 pm By Spencer Fowler Steen

A judge has found that a litigation funder’s involvement in settlement negotiations without the presence of the applicant’s lawyers in a shareholder class action against Spotless Group, which recently settled for $95 million, was “inappropriate”.

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Elaine Stead accuses AFR ‘gossip monger’ of misogynist attack as defamation trial kicks off
Defamation 2020-12-01 4:34 pm By Miklos Bolza

Former Blue Sky Capital venture capitalist Dr Elaine Stead is seeking over $671,000 in damages from the publisher of the Australian Financial Review over two articles she describes as a “misogynist attack” and “vitriolic abuse” that did significant damage to her professional reputation.

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Class action funder Mark Elliott did not need a righthand man, Banksia silk says
Class Actions 2020-11-30 10:44 pm By Christine Caulfield

The son of the lawyer and funder at the centre of an alleged fee scandal in the Banksia Securities class action was not his father’s righthand man because the late Mark Elliott did not need a righthand man, his co-accused, former senior barrister Norman O’Bryan, has told a court.

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Judge expresses ‘nagging feeling of disquiet’ about $1.9M Appco class action settlement
Employment 2020-11-30 9:28 pm By Miklos Bolza

A judge has again postponed signing off on a $1.9 million settlement in a $65 million sham contracting class action against fundraiser Appco Group after expressing “disquiet” about the deal in which the 1,100 group members would get  “diddly squat” and ordered that notices be sent to group members informing them of their option to seek alternative lawyers.

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$50M settlement resolves class action against Vocation, PwC
Class Actions 2020-11-30 9:07 pm By Cat Fredenburgh

A $50 million settlement has been reached in a long-running shareholder class action against defunct vocational training company Vocation that also spawned multiple cross-claims against the failed company’s auditor PricewaterhouseCoopers, law firm Johnson Winter & Slattery and individual directors.

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Deloitte attacks ‘farcical’ claims in partner’s age discrimination case
Employment 2020-11-30 4:34 pm By Miklos Bolza

Deloitte Touche Tohmatsu is seeking to strike out the misleading and deceptive conduct claims in a $4 million age discrimination lawsuit brought by a former partner, calling them “farcical” and “absurd”.

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