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‘I didn’t come down in the last shower’: Judge trashes barristers’ submissions in CFMEU whistleblower trial
Employment 2020-05-20 11:33 am By Miklos Bolza

A judge has scrapped overly-long written submissions by barristers in proceedings brought by two CFMEU whistleblowers and replaced them with an extra day of oral submissions at the end of the hearing, saying he was not duped by the “old game” of shrinking margins and fonts in submissions.

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Qantas wins injunction against FWC in case by stood-down aircraft engineers
Employment 2020-05-19 10:20 pm By Christine Caulfield

A judge has granted Qantas an injunction temporarily blocking the Fair Work Commission from hearing a case brought by the union for the airline’s stood-down aircraft maintenance engineers, saying the issues raised in the case had potentially wide ramifications for all Australian businesses amid the COVID-19 pandemic.

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Businessman Kia Silverbrook can’t overturn $9.3M penalty for unpaid PAYG tax
Tax 2020-05-19 8:43 pm By Christine Caulfield

An appeals court has dismissed a challenge by businessman and prolific inventor Kia Silverbrook to a finding that he was jointly liable to pay a $9.3 million penalty notice issued by the ATO for unpaid Pay As You Go tax.

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Banksia class action law firm flags proportionate liability argument
Class Actions 2020-05-19 5:42 pm By Christine Caulfield

The law firm facing scrutiny over its legal fees in a class action over the collapse of Banksia Securities will argue that if it is found liable for any misconduct in the running of the case at an upcoming trial, the litigation funder and the barristers it briefed share in the blame.

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3A Composites fights for class closure order in combustible cladding action
Class Actions 2020-05-19 4:02 pm By Miklos Bolza

German cladding manufacturer 3A Composites is pushing forward with a bid to close a class action over allegedly combustible cladding to registered group members, arguing that a recent appeals court decision does not bar class closure in this case.

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Hero Sushi served $890,000 fine for underpaying workers, falsifying records
Employment 2020-05-18 11:15 pm By Christine Caulfield

The operators of three Hero Sushi outlets have been fined a record $891,000 for underpaying staff and providing false records to the Fair Work Ombudsman to cover up what a judge referred to as wage “fraud”.

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Court denies sick leave to Qantas workers stood down due to COVID-19
COVID-19 2020-05-18 5:37 pm By Alison Eveleigh

Qantas employees who have been stood down due to the effects of the coronavirus pandemic are not entitled to access sick leave or compassionate leave, a court has ruled, with a union looking to appeal the decision.

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Court suppresses details of Grosvenor, Vannin co-funding agreement
Competition & Consumer Protection 2020-05-18 4:16 pm By Miklos Bolza

A court has granted a request from Grosvenor Litigation Services, the funder that backed two class actions against Volkswagen over its emissions cheating scandal, to suppress the details of a co-funding agreement with Vannin Capital.

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Atanaskovic Hartnell loses fee fight with company fleeced by Brody Clarke
Business of Law 2020-05-18 11:35 am By Miklos Bolza

Atanaskovic Hartnell has mostly come up short in a court battle for over $172,000 in legal fees, with a judge finding the law firm was in a “manifest position of conflict” in its dispute with two media companies defrauded by one of its former lawyers, Brody Clarke.

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Westpac admits money laundering breaches, lax monitoring of suspicious customers
Financial Services 2020-05-15 11:15 pm By Christine Caulfield

Westpac has admitted to millions of breaches of anti-money laundering and counter terrorism financing laws, and has told a court it did not adequately monitor transactions of customers linked to child exploitation.

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