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Mediation success rates have ‘plummeted’ in COVID era, judge says
Financial Services 2021-04-28 2:14 pm By Miklos Bolza

A judge has urged parties in a class action against Westpac over superannuation fees to hold an in-person mediation, saying that success rates have “plummeted” during the COVID-19 pandemic as more settlement talks are held virtually.

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Court can order class action opt out notices for limited number of group members, judge says
Class Actions 2021-04-27 9:21 pm By Miklos Bolza

A judge has found he has power to order that opt out notices be sent to a limited number of Boral shareholders eligible to join two class actions that faced off last month in a class action beauty parade.

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Otzuka, Bristol-Myers lose discovery bid in decade-old fight over Abilify
Intellectual Property 2021-04-27 4:46 pm By Christine Caulfield

The companies behind the top selling Abilify medication have lost their latest bid for documents from the Commonwealth in a multimillion dollar dispute over the delayed listing of generic versions of their drug, with a judge saying the material could be only “of the most marginal relevance”.

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Boral must pay $4.8M in cement supply stoush with Wagners
Construction 2021-04-27 2:21 pm By Christine Caulfield

Building products supplier Wagners has been awarded $4.8 million from Boral after Wagners successfully challenged a ruling in a high-stakes cement supply dispute with the construction material giant.

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Ben Roberts-Smith takes leave from Seven Networks as defamation trial approaches
Justice Anthony Besanko 2021-04-26 10:09 pm By Cat Fredenburgh

War veteran Ben Roberts-Smith has taken leave from his role as general manager of Seven Networks in Queensland, less than two months before trial begins in his defamation lawsuit against Nine-owned Fairfax over articles that accused him of war crimes.

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Appeals court upholds minimal salary increases for public sector workers due to COVID-19
Employment 2021-04-26 6:05 pm By Cindy Cameronne

NSW public sector employees have lost their bid for a 2.5 per cent salary increase, with an appeals court upholding a decision which found the economy would be better served by public spending on infrastructure investment than public service salaries.

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Trustee of Mayfair’s IPO Wealth looks to dodge liability in $86M class action
Class Actions 2021-04-26 5:53 pm By Miklos Bolza

The trustee of Mayfair Group’s collapsed IPO Wealth Fund has denied claims in a class action that it misled investors who lost $86 million when the fund was wound up, and says it is fully indemnified for the class action’s claims under an agreement with the fund.

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Westpac gets lion’s share of proceeds from ‘anxious’ sale of collapsed fintech Sargon Group
Restructuring & Insolvency 2021-04-26 4:04 pm By Miklos Bolza

Westpac will recoup the majority of proceeds from the $29.6 million sale of collapsed fintech Sargon Group, with a judge calling the company’s liquidators “anxious sellers” who sold at speed and well below market value.

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Qantas can’t sack long haul pilot that reached mandatory retirement age
Employment 2021-04-26 12:23 pm By Cat Fredenburgh

A judge has temporarily barred Qantas from moving forward with its plans to terminate a long haul pilot who reached the mandatory retirement age of 65, saying the pilot had established that he may have an age discrimination claim against the airline.

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‘Absolutely not’: Judge won’t hold Ethicon-type trial in TFS pelvic mesh class action
Class Actions 2021-04-23 10:59 pm By Miklos Bolza

Hoping to avoid a lengthy trial like the 89-day hearing in the pelvic mesh class action against Johnson & Johnson’s Ethicon, a judge has suggested splitting up a class action hearing over TFS Manufacturing and IVS pelvic mesh products to focus on the question of the devices’ safety and efficacy first.

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