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Ex-Piper Alderman partner’s evidence of sex discrimination falls short, judge says
Employment 2020-09-09 7:21 pm By Christine Caulfield

Evidence of an outdated management approach and bullying — which included threatening defamation proceedings against two junior lawyers that complained about her — appear to be responsible for the ousting of a former senior Piper Alderman partner, not her sex, a judge has found.

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Teenagers launch climate change class action to stop coal mine extension
Environment 2020-09-09 6:49 pm By Alison Eveleigh

A group of teenagers has launched a class action against the Commonwealth Minister for the Environment in a bid to stop the proposed extension of a northern NSW coal mine.

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GetSwift judge won’t disqualify himself from class action
Class Actions 2020-09-09 6:42 pm By Miklos Bolza

The judge overseeing a class action against GetSwift has refused to disqualify himself from the proceedings, rejecting claims that he could not be seen to approach the case with an “impartial mind” and taking a passing shot at the logistics company’s use of the Americanism “recuse” in its application.

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‘An indulgence’: Judge rejects stay as Alex Elliott appeals recusal loss in Banksia class action
Class Actions 2020-09-09 2:31 pm By Alison Eveleigh

The judge overseeing professional misconduct claims against lawyers in the Banksia class action has denied Alex Elliott’s request to stay the case against him while he takes his recusal application to the Court of Appeal, branding the stay ‘an indulgence’.

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Judge warns funder against ‘double dipping’ in Ruby Princess class action
Class Actions 2020-09-09 2:06 pm By Miklos Bolza

A judge overseeing the Ruby Princess class action has cautioned funders against “double dipping” when seeking payouts from group members, while cruise line Carnival has attempted to shift part of the blame for the COVID-19 debacle onto the Prime Minister.

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Trial in Mayfair 101 case vacated as ASIC expands misrepresentation claims
Financial Services 2020-09-09 1:50 pm By Christine Caulfield

The trial scheduled for this month in ASIC’s case against the Mayfair 101 group has been pushed off as the regulator adds claims that the troubled investment firm misled investors and director James Mawhinney briefs lawyers to represent his companies.

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The Star’s COVID-19 insurance test case incomplete, court hears
Insurance 2020-09-08 4:49 pm By Alison Eveleigh

Insurers for The Star have told a court that the casino’s lawsuit, which seeks to resolve threshold policy coverage issues in a bid to claim the losses it has suffered as a result of government restrictions enacted to stop the spread of COVID-19, is incomplete.

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Army chief gets another chance to block war crimes docs in Ben Roberts-Smith case
Defamation 2020-09-08 4:39 pm By Miklos Bolza

The chief of the Australian Defence Force has been given the opportunity to put on further evidence after a judge said he would otherwise order that material provided to a war crimes inquiry by Ben Roberts-Smith be produced in the war veteran’s defamation case against three news publishers.

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COVID-19 concerns put ASIC’s Rio Tinto trial at risk
Energy & Natural Resources 2020-09-08 12:20 pm By Miklos Bolza

A seven-week trial in ASIC’s misleading conduct case against Rio Tinto may have to be postponed after two executives of the mining giant raised concerns that COVID-19 could impact their ability to appear as defendants in the case.

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Judge calls for legislative reforms as appeals court transfers Uber class action
Class Actions 2020-09-08 11:34 am By Alison Eveleigh

An appeals court has dealt with complex jurisdiction and limitations issues in transferring one of three class actions against ride sharing giant Uber to another court, with one of the judges saying legislative reforms were needed to deal with the issues.

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