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Class action against collapsed Linchpin Capital gets court go-ahead
Restructuring & Insolvency 2020-12-07 3:11 pm By Christine Caulfield

A judge has given his blessing to investors to pursue a class action against financial services firm Linchpin Capital and its subsidiary Endeavour Securities, saying there was a strong possibility the failed companies’ alleged liability would be covered by an insurance policy.

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Judge denies bid for insurance docs by applicant in One Key class action
Employment 2020-12-07 2:38 pm By Spencer Fowler Steen

The applicant in a class action against labour hire firm One Key Resources has lost a lawsuit seeking preliminary discovery of liability insurance policies to potentially add One Key Workforce to the proceeding.

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Rio Tinto claims cut from Deloitte age discrimination lawsuit
Employment 2020-12-04 10:46 pm By Cat Fredenburgh

Deloitte Touche Tohmatsu has succeeded in striking out claims that it made misrepresentations to Rio Tinto when it appointed a partner nearing the mandatory retirement age to a five-year project with the mining giant.

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Judge nixes bid to boot unregistered group members from Sims class action
Class Actions 2020-12-04 10:23 pm By Christine Caulfield

A bid by the applicant to restrict a securities class action against recycling company Sims Metal Management to shareholders who have registered to join the case has been shot down by a judge, who said the application was not in the interests of justice but “in the interests of injustice”.

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Fairfax looks to pare Elaine Stead’s defamation case mid-trial
Defamation 2020-12-04 7:20 pm By Miklos Bolza

Nine-owned Fairfax has denied that two Australian Financial Review articles implied that venture capitalist Dr Elaine Stead “deliberately” destroyed capital, as it seeks to significantly reduce the defamation case it faces.

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AMP to tell advisers exiting BOLR program about class action
Class Actions 2020-12-04 12:47 pm By Cat Fredenburgh

The parties in a class action against AMP over changes to its buyer of last resort policy have agreed to a communications protocol making settlement offers and for releases attached to BOLR payments that require exiting financial advisers to waive their claims in the litigation.

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‘She’s got a claim’: Judge rejects PwC’s bid to shut down ex-director’s lawsuit
Employment 2020-12-04 12:04 pm By Cat Fredenburgh

PricewaterhouseCoopers won’t get a chance to seek summary dismissal of a lawsuit brought by a former company director who claims her notice of termination through DocuSign was invalid and that she was denied entitlements, with a judge saying the former employee had a claim and that the parties needed to “just get on with it”.

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Elaine Stead says ‘terrible investor’ label worse than being called a fraud
Defamation 2020-12-03 11:15 pm By Spencer Fowler Steen

Being called a fraud is not as bad as being labelled a “terrible investor”, venture capitalist Dr Elaine Stead has said during trial in her high-profile defamation case against the Nine-owned Fairfax over two articles about her involvement in the failed investment company Blue Sky.

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Pfizer can’t get discovery in anticipation of Sandoz’ Enbrel biosimilar, judge says
Intellectual Property 2020-12-03 11:00 pm By Cat Fredenburgh

A judge hearing Pfizer’s application for preliminary discovery against Sandoz over its possible launch of an Enbrel biosimilar has found that such an application must be based on a current belief that the applicant could be entitled to relief.

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Djab Wurrung ‘directions’ trees at Victorian highway upgrade site win temporary protection
Transportation & Infrastructure 2020-12-03 10:59 pm By Christine Caulfield

A judge has issued a temporary injunction stopping roadworks along the Buangor and Ararat stretch of the Western Highway improvement project in Victoria ahead of a trial over the cultural significance of the area for its traditional owners.

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