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Dick Smith insurer class action plaintiffs want their own hearing
Class Actions 2019-10-04 7:37 pm By Amelia Birnie

The plaintiffs in an investor class action filed against Dick Smith’s insurers want a separate hearing from four other representative and company proceedings against the failed electronics retailer, arguing there would be only the ā€œthinnest basisā€ for concurrent proceedings if their strike out application was successful.

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Opal Tower class action defendants banned from contacting group members about settlement
Class Actions 2019-10-04 5:02 pm By Amelia Birnie

The defendants in the Sydney Opal Tower class action have been formally banned from contacting represented group members about their claims while the proceeding remains on foot, after communications were allegedly sent to apartment owners.

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‘Junk’ insurance class action to focus on whether NAB’s conduct was systemic
Class Actions 2019-10-04 4:41 pm By Miklos Bolza

The hearing for a class action against National Australia Bank over allegedly worthless credit card insurance will focus onĀ  whether the bank’s allegedly unconscionable behaviour in selling these policies was systemic or confined to individual cases.

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Facing Deloitte cross-claims, Dick Smith execs drag other directors into class action
Class Actions 2019-10-03 10:22 pm By Cat Fredenburgh

Former Dick Smith executives Nick Abboud and Michael Potts have pointed the finger at the defunct electronics retailer’s other directors in response to cross claims by auditor Deloitte, which is named in two shareholder class actions over the company’s collapse.

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Judge dismisses Ashurst partner’s dispute with ex-judge neighbour as ‘bordering on irrational’
Corporate 2019-10-03 9:05 pm By Amelia Birnie

A partner at Big Six firm Ashurst has lost his bid to stop liquidators taking control of his Point Piper home in a long-running dispute with his ex-judge neighbour, after parts of his case were dismissed as ā€œbordering on irrationalā€.

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Interpharma won’t challenge Precedex patent validity ruling
Intellectual Property 2019-10-03 8:54 pm By Cat Fredenburgh

Australian drug maker InterPharma will not appeal a ruling that dismissed its challenge to the validity of global pharmaceutical giant Pfizer’s patent for sedative drug Precedex.

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ASIC can use PwC partner’s evidence in case against Rio Tinto
ASIC 2019-10-03 8:20 pm By Cat Fredenburgh

The Australian Securities and Investments Commission has won its bid to use evidence from US proceedings in its case against Rio Tinto alleging the mining giant misled shareholders about a Mozambique mining company purchased for US$4.2 billion.

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Appeals court finds ‘Diamond Joe’ Gutnick family’s $1 mining deal void
Restructuring & Insolvency 2019-10-03 4:45 pm By Miklos Bolza

An appeals court has upheld a ruling that found two firms previously run by Joseph “Diamond Joe” Gutnik and his family were insolvent, ending a long-running battle over hundreds of millions of dollars in mining assets.

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NAB to face $1.2M unconscionable conduct claim by Victorian property developer
Financial Services 2019-10-03 11:46 am By Miklos Bolza

A court has thrown out a breach of contract claim brought by two subsidiaries of property developer Minster Group against National Australia Bank, but found the bank must face a $1.2 million unconscionability claim over allegedly excessive fees.

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Ex-Norton Rose partner wants to appeal leave to appeal in long-running dispute
Employment 2019-10-02 10:27 pm By Amelia Birnie

Lawyers for Norton Rose Fulbright have flagged their ā€œvery real concernsā€ about further delays to a long-running dispute with a former partner, who has indicated the will try to appeal a ruling partially granting him leave to appeal a discovery decision in the case.

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