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Judge sinks discovery hopes in NSW Ports competition case
Competition & Consumer Protection 2020-09-17 6:04 pm By Alison Eveleigh

A maritime development company has had its discovery hopes dashed in its stayed competition lawsuit against NSW Ports, with a judge finding that the company would not suffer any injustice in waiting until the stay is lifted after a similar case brought by the competition regulator is heard.

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‘Sad and tragic’: Court winds up Mayfair’s IPO Wealth Fund
Restructuring & Insolvency 2020-09-17 5:53 pm By Miklos Bolza

A  judge has ordered 17 companies connected to Mayfair’s “failed” IPO Wealth Fund to be wound up after finding the fund’s director put investor money at risk through “highly speculative” investments to make a windfall for himself.

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Judge dismisses Macquarie bid for ‘irrelevant’ tax docs in underpayments suit
Financial Services 2020-09-17 2:39 pm By Alison Eveleigh

Three former Macquarie Bank financial advisors who claim the bank underpaid them have successfully appealed a decision ordering them to hand over personal tax assessments, with an appeals court finding that the most the bank could make of the documents was to “inflict a degree of embarrassment” on its ex-employees.

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Commonwealth Bank settles with ex-GM who blew whistle on bonuses
Employment 2020-09-17 2:12 pm By Cat Fredenburgh

Commonwealth Bank of Australia has resolved a lawsuit brought by a former general manager alleging he lost his job for blowing the whistle on a system allegedly used by staff to inflate their bonuses.

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Law firm partner went all caps in email blasting ‘menstrual based cycle’ billing, court told
Employment 2020-09-17 2:07 pm By Miklos Bolza

A former general manager suing law firm Atanaskovic Hartnell has amended her pleadings as trial in her case resumes Friday, expanding her claims and including details of an email in which the firm’s managing partner allegedly slammed her practice of billing clients on a “menstrual based cycle”.

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Mayfair director should not be put in charge of other people’s money, court told
Restructuring & Insolvency 2020-09-16 7:09 pm By Miklos Bolza

Companies associated with Mayfair’s IPO Wealth Fund should be wound up because they contained assets “artificially inflated” in value and ran what was effectively a Ponzi scheme, the Victoria Supreme Court has heard.

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Judge delays Robodebt trial to let class add claims against five government employees
Class Actions 2020-09-16 5:56 pm By Alison Eveleigh

A judge has given the green light for the applicants in the Robodebt class action to file an amended statement of claim on the eve of trial that adds a claim for exemplary damages and drags five government employees into the proceedings.

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Common fund orders under attack again in Takata airbags class action
Class Actions 2020-09-16 2:47 pm By Alison Eveleigh

Common fund orders are again under scrutiny in a class action which was at the centre of the High Court’s decision to strike down the orders, with a NSW Supreme Court judge sending back to the appeals court the question of whether the orders can be made at settlement.

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ACCC calls for $3.5M penalty for Oscar Wylee’s ‘brazen’ charity misrepresentations
Competition & Consumer Protection 2020-09-15 7:46 pm By Alison Eveleigh

The ACCC has asked a court to impose a $3.5 million penalty against eyewear retailer Oscar Wylee for making misleading representations about its charitable donations and affiliations, including that it would donate one pair of eyeglasses to charity for every pair purchased.

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Banksia judge orders Alex Elliott to reveal financial interests in father’s companies
Class Actions 2020-09-15 7:01 pm By Alison Eveleigh

Alex Elliott, the son of former Banksia Securities class action lawyer Mark Elliott, must hand over documents revealing his financial interests in his father’s litigation funding company and law firm, after the judge overseeing professional misconduct claims against lawyers in the class action rejected his claims that the discovery was a fishing expedition.

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