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Judge dismisses Macquarie bid for ‘irrelevant’ tax docs in underpayments suit
Financial Services 2020-09-17 2:39 pm By Alison Eveleigh

Three former Macquarie Bank financial advisors who claim the bank underpaid them have successfully appealed a decision ordering them to hand over personal tax assessments, with an appeals court finding that the most the bank could make of the documents was to “inflict a degree of embarrassment” on its ex-employees.

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Law firm partner went all caps in email blasting ‘menstrual based cycle’ billing, court told
Employment 2020-09-17 2:07 pm By Miklos Bolza

A former general manager suing law firm Atanaskovic Hartnell has amended her pleadings as trial in her case resumes Friday, expanding her claims and including details of an email in which the firm’s managing partner allegedly slammed her practice of billing clients on a “menstrual based cycle”.

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Mayfair director should not be put in charge of other people’s money, court told
Restructuring & Insolvency 2020-09-16 7:09 pm By Miklos Bolza

Companies associated with Mayfair’s IPO Wealth Fund should be wound up because they contained assets “artificially inflated” in value and ran what was effectively a Ponzi scheme, the Victoria Supreme Court has heard.

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Common fund orders under attack again in Takata airbags class action
Class Actions 2020-09-16 2:47 pm By Alison Eveleigh

Common fund orders are again under scrutiny in a class action which was at the centre of the High Court’s decision to strike down the orders, with a NSW Supreme Court judge sending back to the appeals court the question of whether the orders can be made at settlement.

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ACCC calls for $3.5M penalty for Oscar Wylee’s ‘brazen’ charity misrepresentations
Competition & Consumer Protection 2020-09-15 7:46 pm By Alison Eveleigh

The ACCC has asked a court to impose a $3.5 million penalty against eyewear retailer Oscar Wylee for making misleading representations about its charitable donations and affiliations, including that it would donate one pair of eyeglasses to charity for every pair purchased.

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Mayfair director slams ‘erroneous’ Deloitte report in ASIC winding up case
Restructuring & Insolvency 2020-09-15 7:17 pm By Miklos Bolza

The director of besieged investment group Mayfair 101 has called for an investigation into the Australian Securities and Investments Commission, calling a winding up proceeding brought by the financial watchdog “a form of malicious prosecution” based on a “flawed fundamental misunderstanding” and supported by an erroneous report from auditor Deloitte.

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Banksia judge orders Alex Elliott to reveal financial interests in father’s companies
Class Actions 2020-09-15 7:01 pm By Alison Eveleigh

Alex Elliott, the son of former Banksia Securities class action lawyer Mark Elliott, must hand over documents revealing his financial interests in his father’s litigation funding company and law firm, after the judge overseeing professional misconduct claims against lawyers in the class action rejected his claims that the discovery was a fishing expedition.

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Nthalmic directors accused of misusing confidential information in lens patent applications
Intellectual Property 2020-09-15 6:10 pm By Miklos Bolza

Sydney-based research foundation Brien Holden Vision Institute has filed a lawsuit alleging three senior researchers misused confidential information when they jumped ship to a rival research group and filed applications to patent seven inventions for opthalmic lenses designed to treat myopia allegedly based on that information.

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GetSwift agrees to notify class of asset transfer outside of Australia
Class Actions 2020-09-15 4:11 pm By Miklos Bolza

GetSwift has promised the Federal Court that it will inform the lead applicant in a shareholder class action if any of its assets are to be transferred outside of Australia, after the applicant raised concerns about the logistics company’s proposed relocation to Canada.

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Ernst & Young faces $12M damages claim over collapse of soda ash maker Penrice
Financial Services 2020-09-15 11:58 am By Cat Fredenburgh

Ernst & Young is facing a claim for $12 million damages in a lawsuit over its auditing of collapsed soda ash maker Penrice.

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