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IOOF unit wins stay of $76M judgment as it mulls appeal of case against Sparke Helmore
Restructuring & Insolvency 2019-10-22 11:00 pm By Cat Fredenburgh

A judge has briefly stayed his $76.6 million judgment against IOOF subsidiary Australian Executor Trustees over the sale of a timber plantation by the collapsed Gunns Group as AET weighs an appeal of the ruling, which dismissed its cross-claim against law firm Sparke Helmore.

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Firefighters agreement doesn’t discriminate against women, FWC says
Employment 2019-10-22 9:15 pm By Miklos Bolza

The Federal Government has lost a challenge raising discrimination concerns around a Fair Work Commission-approved enterprise agreement covering metropolitan firefighters in Victoria, with an FWC review panel finding its appeal lacked merit.

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Legal fee fight looms in HIH Insurance shareholder actions
Restructuring & Insolvency 2019-10-21 9:58 pm By Miklos Bolza

Lawyers behind four quasi representative proceedings against the liquidators of collapsed HIH Insurance have launched a bid to recoup the costs of their successful 18-year-long legal battle.

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Judge tosses Babcock & Brown cases, finds ‘serious problems’ with market-based causation
Securities 2019-10-21 8:47 pm By Miklos Bolza

A judge has dismissed three proceedings by shareholders against the liquidator of failed global financial services firm Babcock & Brown, in a finding that highlights “serious problems” with market-based causation and may have ramifications for securities class actions.

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Judge approves BankSA class action settlement, awards law firm for prep work
Class Actions 2019-10-18 11:58 pm By Christine Caulfield

A judge has signed off on a settlement of a long-running class action against Westpac unit BankSA, and has ruled the law firm that brought the case has an equitable right to unpaid legal costs for investigating the case before it found a funder.

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Ex-Tennis Australia director can’t enforce ‘catch-all’ subpoenas for board member emails
ASIC 2019-10-18 11:25 pm By Christine Caulfield

Ex-Tennis Australia director and current Dentons partner Steve Healy, who is facing action by the corporate regulator over the broadcast rights to the Australian Open, has lost a bid for access to six years of emails between two other former board members.

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Ashurst partner slams ruling from ‘confused’ judge in dispute with ex-judge neighbour
Restructuring & Insolvency 2019-10-18 9:03 pm By Miklos Bolza

A partner at Big Six firm Ashurst has challenged a NSW Supreme Court decision appointing liquidators to his Point Piper home in a protracted dispute with an ex-judge neighbour, saying the judge was confused and made an order which was an “affront to our system of adversarial justice”.

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Short seller Bonitas ignores Rural Funds action, threatens defamation lawsuit
Securities 2019-10-18 8:36 pm By Amelia Birnie

Activist US short seller Bonitas Research is refusing to participate in legal action brought in Australia by Rural Funds Group, as it continues to press allegations of fraud, which sent the agricultural fund manager’s share price plummeting.

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Court blocks Konami’s last-minute defence in damages trial over Aristocrat pokie patent
Intellectual Property 2019-10-17 9:46 pm By Miklos Bolza

Gaming and entertainment giant Konami has lost a bid to amend its defence in a patent case by rival Aristocrat Technologies on the second day of a damages hearing, with the judge finding the changes were contrary to the interests of justice and would require postponing the trial until late next year.

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APRA won’t appeal loss in IOOF case
Financial Services 2019-10-17 5:08 pm By Cat Fredenburgh

The Australian Prudential Regulation Authority will not challenge a Federal Court ruling that dismissed its case against fund manager IOOF as “unpersuasive”, “fundamentally inadequate” and “tenuous in the extreme”.

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