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Solicitor denied procedural fairness in harassment investigation, appeals court finds
Employment 2021-05-13 6:33 pm By Miklos Bolza

Victoria’s State Revenue Office breached its obligations and denied procedural fairness to a senior solicitor who was fired after an investigation into alleged harassment, the state’s Court of Appeal has found.

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Banksia judge to hear case against lawyer Alex Elliott after appeals court nixes recusal bid
Appeals 2020-10-02 1:54 pm By Christine Caulfield

An appeals court has dismissed a second bid by lawyer Alex Elliott to have the judge overseeing the Banksia class action disqualified from hearing claims that he, like his late father, was party to an alleged fraudulent scheme in running the litigation.

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Elliott doesn’t have to give ‘full and frank’ explanation of alleged role in Banksia fee scandal
Class Actions 2020-09-23 9:35 pm By Alison Eveleigh

An appeals court has set aside an order requiring Alex Elliott, the son of the funder behind the Banksia securities class action, to give a “full and frank” explanation of his role in an alleged fraudulent scheme to inflate legal fees in the case.

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K&L Gates sued by former clients after $3M court loss over real estate joint venture
Real Estate 2020-05-01 8:57 pm By Cat Fredenburgh

Law firm K&L Gates has been hit with a $3 million lawsuit by former clients alleging breaches of duty of care and fiduciary duties after a Victorian Supreme Court loss in a joint venture dispute.

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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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Employees are priority creditors of insolvent trading trustees, High Court rules
Appeals 2019-06-20 9:08 pm By Miklos Bolza

The High Court of Australia has resolved a nearly 40-year old question of whether employees of a failed company established as trustee of a trading trust have priority over ordinary unsecured creditors.

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‘Diamond Joe’ Gutnick’s company ordered to pay debts or face winding up
Restructuring & Insolvency 2019-05-31 3:55 pm By Miklos Bolza

An appeals court has ordered a phosphate mining company owned by mining magnate Joseph Gutnik to pay back more than $225,000 owed to the Queensland state government or face immediate liquidation, accusing the company of showing a “cavalier attitude” towards earlier orders made by the court.

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High Court to hear mortgage aggregator share transfer dispute
Corporate 2018-12-17 9:29 pm By Miklos Bolza

The High Court has granted special leave to mortgage aggregator Connective in a dispute between the firm’s founder and major shareholders over a transfer of one-third of the company’s shares, in a case that could clarify whether litigation should be considered a prohibited form of financial assistance under the Corporations Act.

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