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Banksia class action law firm flags proportionate liability argument
Class Actions 2020-05-19 5:42 pm By Christine Caulfield

The law firm facing scrutiny over its legal fees in a class action over the collapse of Banksia Securities will argue that if it is found liable for any misconduct in the running of the case at an upcoming trial, the litigation funder and the barristers it briefed share in the blame.

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3A Composites fights for class closure order in combustible cladding action
Class Actions 2020-05-19 4:02 pm By Miklos Bolza

German cladding manufacturer 3A Composites is pushing forward with a bid to close a class action over allegedly combustible cladding to registered group members, arguing that a recent appeals court decision does not bar class closure in this case.

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Court denies sick leave to Qantas workers stood down due to COVID-19
COVID-19 2020-05-18 5:37 pm By Alison Eveleigh

Qantas employees who have been stood down due to the effects of the coronavirus pandemic are not entitled to access sick leave or compassionate leave, a court has ruled, with a union looking to appeal the decision.

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Court suppresses details of Grosvenor, Vannin co-funding agreement
Competition & Consumer Protection 2020-05-18 4:16 pm By Miklos Bolza

A court has granted a request from Grosvenor Litigation Services, the funder that backed two class actions against Volkswagen over its emissions cheating scandal, to suppress the details of a co-funding agreement with Vannin Capital.

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Defamation suit accuses AFR of ‘smear campaign’ against Papua New Guinea minister
Defamation 2020-05-18 2:09 pm By Miklos Bolza

Nine-owned Fairfax Media has been hit with a defamation lawsuit by Papua New Guinea’s Minister of Trade & Commerce, who claims the Australian Financial Review engaged in a “smear campaign” by publishing an article accusing him of corruption, bribery and money laundering.

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Atanaskovic Hartnell loses fee fight with company fleeced by Brody Clarke
Business of Law 2020-05-18 11:35 am By Miklos Bolza

Atanaskovic Hartnell has mostly come up short in a court battle for over $172,000 in legal fees, with a judge finding the law firm was in a “manifest position of conflict” in its dispute with two media companies defrauded by one of its former lawyers, Brody Clarke.

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ACCC can submit evidence from BlueScope criminal investigation in civil case
Competition & Consumer Protection 2020-05-15 11:25 pm By Alison Eveleigh

The ACCC has been given the green light to use witness statements prepared during its criminal cartel investigation of BlueScope Steel in the civil penalty proceedings launched by the regulator, but a fight with the steel giant over the admissibility of the evidence still looms.

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Westpac admits money laundering breaches, lax monitoring of suspicious customers
Financial Services 2020-05-15 11:15 pm By Christine Caulfield

Westpac has admitted to millions of breaches of anti-money laundering and counter terrorism financing laws, and has told a court it did not adequately monitor transactions of customers linked to child exploitation.

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J&J won’t ask judge to recuse himself from pelvic mesh appeal
Appeals 2020-05-15 6:09 pm By Miklos Bolza

Medical device giant Johnson & Johnson has confirmed it will not seek the recusal of a Federal Court judge from a panel overseeing its pelvic mesh class action appeal, despite earlier raising concerns that he had seen privileged settlement communications.

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COVID-19 sees Virgin administrators absolved of liability on unprecedented scale
Restructuring & Insolvency 2020-05-15 4:40 pm By Alison Eveleigh

The administrators of Virgin Australia have been absolved of personal liability for the ongoing operation of the embattled airline on an unprecedented scale, with Australia’s airline duopoly and the effects of the COVID-19 pandemic justifying the “extraordinarily wide” orders.

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