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Privileges of partnership: Deloitte to learn fate of challenge to production order in Hastie class action
Appeals 2020-02-26 1:40 pm By Christine Caulfield

A ruling is expected Thursday in an appeal by the partnership of Deloitte over the production of audit files that were apparently stolen from the accounting giant’s litigation room, a high-stakes decision that will clarify the limits of a partnership’s right to claim privilege against self-incrimination.

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Court OKs derivative suit against Pacific Current directors over merger
Securities 2020-02-25 11:35 pm By Cat Fredenburgh

A Pacific Current shareholder has won court approval to bring a derivative lawsuit against certain current and former directors of the funds management company for allegedly breaching their duty of care and diligence in relation to the company’s 2014 merger with US-based Northern Lights Capital Group.

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Judge spots ‘fundamental flaw’ in NAB insurance class action settlement
Class Actions 2020-02-25 10:25 pm By Miklos Bolza

A judge has questioned whether he should sign off on a $49.5 million settlement in a class action against National Australia Bank over allegedly worthless credit card insurance, which he said had a “fundamental flaw” because it did not contain a provision automatically cancelling group members’ policies.

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ASIC pans Wagyu and shiraz ‘thought experiments’ in Westpac home loan appeal
Financial Services 2020-02-25 5:05 pm By Miklos Bolza

ASIC has criticised a Federal Court judge for his ‘thought experiments’ around prospective home loan applicants feasting on Wagyu beef and shiraz, as the regulator challenges the judge’s dismissal of its responsible lending case against Westpac.

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‘Negligent’ insurance broker must pay client’s copyright settlement with Microsoft
Intellectual Property 2020-02-24 9:17 pm By Christine Caulfield

An insurance broker breached its duties to a software company and must cover the costs of a settlement it reached with Microsoft for copyright infringement, a court has found. 

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AFP agrees to keep eyes off seized files while ABC mulls appeal
Media 2020-02-24 9:09 pm By Christine Caulfield

The Australian Broadcasting Corporation has secured a short-lived agreement by the Australian Federal Police not to look at the material seized in a controversial raid on the national broadcaster’s headquarters as it considers whether to take its battle with the agency to an appeals court.

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No harm, no foul? Full Court weighs ACCC challenge to flushable wipes ruling
Competition & Consumer Protection 2020-02-24 5:58 pm By Miklos Bolza

The ACCC claims it was not required to prove Kimberly-Clark’s flushable wipes caused actual harm to sewers, as it challenges a ruling that disposed of its consumer law case against the personal care giant.

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Westpac slams Shine’s ‘sales pitch’ in class action opt out notice
Class Actions 2020-02-21 10:21 pm By Miklos Bolza

Westpac has criticised Shine Lawyers for allegedly turning a registration and opt out notice to class action members into a ‘sales pitch’ designed to book-build for the firm, saying the High Court’s recent common fund ruling forbade approval of anything designed to boost the commercial viability of a case.

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De Belin says Nationwide News defamed him with ‘rapist’ allegations
Defamation 2020-02-21 9:27 pm By Cat Fredenburgh

Suspended rugby player Jack de Belin has hit the publisher of The Daily Telegraph with a defamation lawsuit over an article, cartoon and tweet that allegedly implied he was a “rapist” and a “despicable person”.

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No end in sight for epic Queensland floods class action
Class Actions 2020-02-21 12:45 pm By Cat Fredenburgh

Dam operator Seqwater will appeal its loss in a long-running class action over the 2011 Queensland floods that destroyed over 2,000 homes, a move derided by the lawyer for the flood victims, who called for “an end to the injustice” her clients have suffered.

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