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Original lawyers in BankSA class action want bigger stake of multi-million dollar settlement
Class Actions 2019-08-20 8:46 pm By Amelia Birnie

The original solicitors who stepped down from leading a class action against Westpac unit BankSA amid abuse of process allegations will bring separate proceedings in the Federal Court seeking a bigger slice of the multi-million dollar settlement sum to cover their costs.

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Senior partner denies deliberate delay in trial over rejected $4.45M Westpac settlement
Legal Ethics 2019-08-20 8:45 pm By Miklos Bolza

A senior partner at a Sydney-based law firm has denied he made a “deliberate decision” to withhold advice from a former client suing for alleged breach of duties and conflict of interest over a rejected $4.45 million settlement in an employment dispute with Westpac.

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7-Eleven class actions can’t shield witness identity despite ‘real risk’ of reprisal
Class Actions 2019-08-19 8:41 pm By Miklos Bolza

A judge has refused an application to suppress the identity of a franchisee giving evidence in two class actions against 7-Eleven despite the individual’s fears he may lose his franchising licence as retaliation by the global convenience store giant.

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Lottoland hits the jackpot in ACMA betting challenge
Media 2019-08-19 5:40 pm By Amelia Birnie

The CEO of Lottoland says the company has “finally been vindicated” by a court ruling that overturned a decision by the Australian Communications and Media Authority that outlawed a number of its jackpot betting services.

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Patent attorneys sued by firm win bid for Seyfarth docs
Business of Law 2019-08-19 4:41 pm By Amelia Birnie

Two patent attorneys who are being sued by a boutique IP firm for jumping ship to start their own business have cleared the first hurdle in their fight against preliminary discovery, after a judge found the documents relied upon by their former employer’s lawyers at Seyfarth Shaw were relevant to the case.

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‘A degree of chaos’: Judge questions IAG common fund as High Court decision looms
Insurance 2019-08-16 8:48 pm By Miklos Bolza

A judge has questioned a common fund application in a class action against two IAG entities over allegedly worthless add-on insurance, saying there may be a “degree of chaos” if the order was approved only to be undone by a pending High Court decision.

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‘This pleading is a mess’: Judge slams liquidators’ case against Forge directors and auditors
Restructuring & Insolvency 2019-08-16 4:11 pm By Amelia Birnie

A judge has sent insolvency firm Ferrier Hodgson back to the drawing board to redraft its pleadings against the former directors and auditors of collapsed construction company Forge Group, warning that the overlapping actions were at risk of becoming an “unrideable bull”.

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Fairfax appeals $280K Chau Chak Wing defamation judgment, says journo didn’t lie
Defamation 2019-08-15 10:27 pm By Miklos Bolza

Fairfax Media has challenged a judge’s “gravely serious” suggestion that one of its journalists lied about a confidential source, during the first day of a two-day appeal hearing over a $280,000 defamation judgment awarded to Chinese-Australian businessman Chau Chak Wing.

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Two firms, one funder out after judge consolidates RCR Tomlinson class actions
Class Actions 2019-08-15 10:01 pm By Amelia Birnie

Law firm Quinn Emanuel Urquhart & Sullivan will push forward with an investor class action against failed engineering company RCR Tomlinson on its own, with two firms driving competing actions agreeing to step down after a judge forcibly consolidated all three proceedings.

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Samsung challenges $138M arbitration award in Roy Hill mine dispute
Arbitration 2019-08-15 9:28 pm By Miklos Bolza

South Korea’s Samsung C&T Corporation has launched two bids in Singapore to set aside a US$94 million (AU$138 million) award relating to its dispute with Spanish energy company Duro Felguera over the Pilbara-based Roy Hill iron ore mine.

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