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Deloitte partners can’t dodge production order after ‘outrageous’ removal of audit files, Full Court says
Class Actions 2020-02-27 10:00 am By Miklos Bolza

Deloitte has lost its appeal of a ruling in a shareholder class action over the collapse of Hastie Group that compelled the production of audit files taken by a partner from the accounting giant’s litigation room, in a ruling that described the actions of the partner as “bordering on contempt” and slammed Deloitte for “cynically” exploiting the situation.

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Privileges of partnership: Deloitte to learn fate of challenge to production order in Hastie class action
Appeals 2020-02-26 1:40 pm By Christine Caulfield

A ruling is expected Thursday in an appeal by the partnership of Deloitte over the production of audit files that were apparently stolen from the accounting giant’s litigation room, a high-stakes decision that will clarify the limits of a partnership’s right to claim privilege against self-incrimination.

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Geowash execs appeal loss in ACCC case
Competition & Consumer Protection 2020-02-25 12:30 pm By Cat Fredenburgh

Two Geowash executives have appealed a ruling that found they were knowingly involved in the car wash franchisor’s unconscionable conduct in its dealings with franchisees.

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AFP agrees to keep eyes off seized files while ABC mulls appeal
Media 2020-02-24 9:09 pm By Christine Caulfield

The Australian Broadcasting Corporation has secured a short-lived agreement by the Australian Federal Police not to look at the material seized in a controversial raid on the national broadcaster’s headquarters as it considers whether to take its battle with the agency to an appeals court.

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No harm, no foul? Full Court weighs ACCC challenge to flushable wipes ruling
Competition & Consumer Protection 2020-02-24 5:58 pm By Miklos Bolza

The ACCC claims it was not required to prove Kimberly-Clark’s flushable wipes caused actual harm to sewers, as it challenges a ruling that disposed of its consumer law case against the personal care giant.

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No end in sight for epic Queensland floods class action
Class Actions 2020-02-21 12:45 pm By Cat Fredenburgh

Dam operator Seqwater will appeal its loss in a long-running class action over the 2011 Queensland floods that destroyed over 2,000 homes, a move derided by the lawyer for the flood victims, who called for “an end to the injustice” her clients have suffered.

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Six-year delay in judge’s ruling ‘deplorable’, Full Court says in Boral sex harassment case
Employment 2020-02-20 4:44 pm By Christine Caulfield

Wood products giant Boral Timber has been found vicariously liable for a male worker’s sexual harrassment of a female colleague, with an appeals court overturning a ruling that it said took a judge more than six years to deliver and “regrettably” brought the administration of justice into disrepute.

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Courts criticised for losing sight of justice in Takata airbag class closure challenge
Class Actions 2020-02-19 8:38 pm By Miklos Bolza

The lead applicants in seven class actions against auto manufacturers over explosive Takata airbags have criticised the courts for losing their way in ensuring justice is done, in a landmark challenge to class closure orders made in the cases.

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Great Southern investor’s fight over enforceability of Bendigo Bank loan revived on appeal
Class Actions 2020-02-19 3:26 pm By Christine Caulfield

Two investors in failed Great Southern Group managed investment schemes have lost their latest appeal over a controversial class action settlement deed that allowed Bendigo and Adelaide Bank to enforce loans issued to fund their investments. But a third borrower, who denied he was a member of the class action, has been given the greenlight to defend the bank’s recovery proceedings.

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In loss for Herbert Smith Freehills, court says self-represented law firms can’t recover costs
Business of Law 2020-02-13 4:29 pm By Cat Fredenburgh

Herbert Smith Freehills cannot recover its costs for successfully representing itself in litigation with United Petroleum over the company’s aborted initial public offering, with an appeals court finding the High Court’s recent ruling eliminating the so-called Chorley exception for self-represented lawyers applies to law firms as well.

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