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Judge rejects class closure bid ahead of mediation in On The Run class action
Class Actions 2021-02-08 12:35 pm By Miklos Bolza

A judge has rejected a class closure order application by the lead applicants in a class action against convenience store chain On The Run ahead of mediation, finding that the court does not have power to make such an order at a “relatively early” stage in a class action.

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‘Completely futile’: ASIC resists mediation push from judge concerned about cost of IOOF trial
Financial Services 2021-02-08 12:25 pm By Spencer Fowler Steen

A judge has ordered ASIC to enter mediation before heading into a “very expensive” trial with an IOOF subsidiary accused of giving shonky advice, over objections from the regulator that mediation would be “completely futile”.

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Sparke Helmore off the hook as IOOF unit loses appeal of $76M judgment
Appeals 2021-02-05 6:34 pm By Miklos Bolza

IOOF subsidiary Australian Executor Trustees failed to drag law firm Sparke Helmore into a case after it was hit with a $76.6 million judgment over breaches of duty in the sale of a 42,000 hectare timber plantation by collapsed forestry giant Gunns Group.

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‘Ancient allegations’: Judge rejects bid for new pleading in client’s 1993 case against solicitor
Legal Ethics 2021-02-05 6:05 pm By Christine Caulfield

A judge has refused a bid to file a new pleading in a $1.3 million “squabble” with an “unfortunate history” between a client and his former solicitors, one of whom is now dead, dating back to 1993.

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Fairfax denies defaming barrister in article linking him to ‘largest ever’ US tax fraud
Defamation 2021-02-05 5:47 pm By Spencer Fowler Steen

Fairfax has hit back at claims in a lawsuit that the publisher defamed a barrister in an article alleging he helped Texas billionaire Bob Brockman defraud the United States of US$2 billion in taxes, denying the article defamed the lawyer and saying the report was an honest summary of publically available information.

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Arrium class action at centre of brewing fight over contingency fee orders
Class Actions 2021-02-05 4:32 pm By Miklos Bolza

Whether a contingency fee order made in a Victoria Supreme Court class action can survive a transfer application to a NSW court could be the next high stakes class action issue for the courts.

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RMIT says law professor plunged $21K of research funds into sake, baby formula retirement scheme
Employment 2021-02-05 1:54 pm By Spencer Fowler Steen

RMIT has bit back at a $2.9 million lawsuit by an indigenous law professor who claims the university fired him for complaining about “racially and sexually discriminatory remarks” allegedly made by one of the university’s senior officials, saying he plunged $21,000 of RMIT’s funds into research for a potential private global sake and baby formula venture.

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ACCC secures $83.5M in fines over vehicle shipping cartel
Competition & Consumer Protection 2021-02-04 10:43 pm By Cat Fredenburgh

Norwegian shipping company Wallenius Wilhlmsen Ocean has been fined $24 million for conspiring to fix the rates charged for shipping vehicles to Australia, bringing the total fines won by the ACCC over the shipping cartel to $83.5 million.

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High Court soon to decide issue of competing class actions
Expert Insights 2021-02-04 8:48 pm By Editor

In Wigmans v AMP the High Court will shortly deliver judgment on the vexed issue of class actions that compete to represent substantially the same class or group. Dr Michael Duffy of Monash University previews the decision.

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Barrister settles lawsuit over client loss in $24.5M property spat
Trials 2021-02-04 4:36 pm By Miklos Bolza

A Victorian barrister has reached a settlement on the eve of trial in a breach of fiduciary duty lawsuit brought by a former client who lost a court case over a $24.5 million real estate dispute.

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