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Unique legal carve out could see NAB class action moved to Federal Court
Class Actions 2020-08-07 4:50 pm By Alison Eveleigh

The lead applicant in a class action against two National Australia Bank units for alleged superannuation mismanagement wants the proceedings moved to the Federal Court over concerns the matter cannot run in the Victorian Supreme Court due to a unique statutory carve out.

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Deloitte faces age discrimination case by 63-year-old partner
Employment 2020-08-06 10:47 pm By Christine Caulfield

A 63-year-old partner of Deloitte Touche Tohmatsu is suing the accounting giant and CEO Richard Deutsch alleging the firm’s mandatory retirement policy is discriminatory and has cost him almost $4 million.

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Silk Norman O’Bryan likely to face further scrutiny after admissions in Banksia class action
Analysis 2020-08-06 9:06 pm By Christine Caulfield

Barrister Norman O’Bryan has accepted that he should be struck from the roll of legal practitioners after dropping his defence mid-trial against claims of professional misconduct as senior counsel for a class action financed by the late Mark Elliott, but the consequences for the once high-flying silk might not end there.

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Maurice Blackburn didn’t breach obligations by filing new TWE class action
Class Actions 2020-08-06 8:27 pm By Miklos Bolza

Maurice Blackburn did not breach its obligations by using material from a now settled class action against Treasury Wine Estates to draft new class action pleadings against the wine maker, a court has found.

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Resort villa owners to file strike out bid of Clive Palmer lawsuit
Class Actions 2020-08-06 4:01 pm By Miklos Bolza

Villa owners of the ill-fated Palmer Coolum Resort have flagged an impending strike out bid of a lawsuit brought by Clive Palmer, in which the mining magnate seeks to prevent the owners supporting a separate class action against him.

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Backpacker’s tax not discriminatory, appeals court finds
Employment 2020-08-06 3:55 pm By Alison Eveleigh

The Australian Taxation Office has won its appeal of a ruling that found that a 15 per cent ‘Backpacker’s Tax’ imposed on holders of Australian working holiday visas was unlawful.

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Hytera can’t ‘repackage’ deputy director as lay witness to avoid evidence rules on relevance
Intellectual Property 2020-08-06 3:39 pm By Miklos Bolza

A judge has found that Hytera Communications cannot “repackage” evidence given by one of its deputy directors to avoid rules about opinion evidence while defending a copyright infringement case by Motorola Solutions.

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Judge won’t recuse himself from Vannin Capital fight with Palmer companies
Restructuring & Insolvency 2020-08-06 3:32 pm By Alison Eveleigh

A judge has refused to recuse himself from a stoush between litigation funder Vannin Capital and Clive Palmer’s companies over the appointment of a barrister in a claim springing from the long-running Queensland Nickel liquidation case.

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Judge urges Komatsu to consider ‘adequacy’ of sex harassment defence
Employment 2020-08-05 7:24 pm By Alison Eveleigh

A judge has told mining equipment provider Komatsu to consider whether its sex harassment policies and training are an “adequate” defence to serious allegations of harassment and bullying by a female employee.

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High Court awards businessman $27M over Securency ‘shabby fraud’
Appeals 2020-08-05 5:26 pm By Miklos Bolza

The High Court has awarded $27 million in unpaid commissions to a Nigerian entrepreneur tricked into terminating his contract with international bank note manufacturer Securency, reversing a Full Court judgment which slashed his award.

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