Most Recent
Common fund order issue can’t be decided in ‘evidentiary vacuum’, NSW appeals court says
Class Actions 2020-10-30 11:06 pm By Christine Caulfield

The NSW Court of Appeal has passed on the question of whether a judge can make a common fund order when a class action settles to ensure a certain return to litigation funders, but the issue is not going away, whatever the Federal Court’s decision in a parallel case.

Subscribe to Lawyerly to access this article.

Already a subscriber?

Lost your password?

Findex can’t enforce ‘convoluted’ restraint clauses against advisor who poached clients, court says
Accounting 2020-10-30 10:23 pm By Miklos Bolza

Accounting firm Findex has lost an appeal of a court’s judgment tossing its case against a former financial advisor, despite the court finding he had poached the company’s clients and caused $742,000 in losses.

Subscribe to Lawyerly to access this article.

Already a subscriber?

Lost your password?

Banksia funder Mark Elliott’s ‘practice’ of deleting emails doesn’t gel, court told
Class Actions 2020-10-30 10:12 pm By Christine Caulfield

A routine practice by the funder behind the scandal-ridden Banksia class action of deleting emails, documented in a letter by his solicitors just days before his death, isn’t consistent with the electronic record maintained in another class action in which he was involved, a court overseeing a trial in the case has heard.

Subscribe to Lawyerly to access this article.

Already a subscriber?

Lost your password?

Court approves one of the first video opt out notices in a class action
Class Actions 2020-10-30 10:12 pm By Miklos Bolza

The Federal Court has approved what is thought to be only the second ever audio-visual opt out notice in a class action, a move that will make it easier for group members to find out about class actions they may be eligible for.

Subscribe to Lawyerly to access this article.

Already a subscriber?

Lost your password?

Pitcher Partners’ bid for indemnity costs from class action gets poor reception
Class Actions 2020-10-29 7:12 pm By Miklos Bolza

A judge has expressed skepticism at claims by accounting firm Pitcher Partners that the lead applicant of a now dropped class action over its auditing advice to Slater & Gordon should be hit with indemnity costs for discontinuing the case.

Subscribe to Lawyerly to access this article.

Already a subscriber?

Lost your password?

ACCC appeals loss in Employsure case over Google ads, keywords
Appeals 2020-10-29 5:13 pm By Cat Fredenburgh

The ACCC has lodged an appeal after a judge threw out its case against Employsure alleging the specialist workplace relations consultancy duped small businesses into signing long-term contracts via several Google ads that promised free workplace advice which appeared to be government-affiliated.

Subscribe to Lawyerly to access this article.

Already a subscriber?

Lost your password?

Judge ‘troubled’ by firm’s bid to add client’s brother-in-law to $745,000 fee spat
Real Estate 2020-10-29 4:16 pm By Miklos Bolza

A judge has criticised a law firm that is suing its former client, Melbourne cafe Barfly’s, for $745,000 in legal fees after the firm sought to join the brother-in-law of Barfly’s owner Tony Hachem to the case.

Subscribe to Lawyerly to access this article.

Already a subscriber?

Lost your password?

Claims of loss questioned in MySuper class action against NAB units
Financial Services 2020-10-29 4:04 pm By Christine Caulfield

A judge has raised doubts about claims of loss and damage in a class action by members of superannuation funds operated by NAB units MLC and NULIS over alleged MySuper mismanagement, as he determines a challenge to whether the case was validly brought as a class action.

Subscribe to Lawyerly to access this article.

Already a subscriber?

Lost your password?

$1.9M settlement is best it’s going to get, says law firm behind Appco class action
Class Actions 2020-10-29 2:10 pm By Christine Caulfield

Facing an uphill battle to win approval for a $1.9 million settlement in a sham contracting class action against fundraiser Appco Group, a lawyer for the case has told a court there is no money left to pursue.

Subscribe to Lawyerly to access this article.

Already a subscriber?

Lost your password?

TechnologyOne appeals $5.2M judgment in unfair dismissal case
Employment 2020-10-29 12:35 pm By Cat Fredenburgh

Australian software company TechnologyOne has appealed a ruling ordering it to pay $5.2 million to a former high-earning executive for allegedly terminating him for making complaints about workplace bullying.

Subscribe to Lawyerly to access this article.

Already a subscriber?

Lost your password?