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Callide explosion report commissioned by Norton Rose not privileged, court says
Energy & Natural Resources 2024-06-13 11:40 pm By Cindy Cameronne

A report into an explosion at a major Queensland power station that left nearly half a million people without power is not protected by legal professional privilege, with a judge finding public statements about the report show it was not commissioned for the dominant purpose of providing legal advice.

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Fees, commission to eat up half of $40M settlement in RCR Tomlinson class action
Class Actions 2024-06-13 4:27 pm By Cindy Cameronne

A judge has approved a $40 million settlement in a shareholder class action against collapsed engineering firm RCR Tomlinson, with almost half of the settlement to go towards a funder’s commission and legal fees. 

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Silk Norman O’Bryan can’t appeal findings of fraud in Banksia class action
Appeals 2024-06-13 11:08 pm By Christine Caulfield

Unable to convince an appeals court that a common law right of appeal exists, disgraced former barrister Norman O’Bryan has failed in his challenge to findings of fraud in a judgment stemming from the Banksia class action saga.

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Ord Minnett loses wealth adviser’s case over wage entitlements
Employment 2024-06-13 11:22 pm By Sam Matthews

Ord Minnett must pay years of wages and other entitlements to a wealth adviser who was only remunerated by commission payments, after a judge found he was covered by the finance industry award, in a decision that could reverberate throughout the industry. 

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‘We’re not a legal aid agency’: Judge says directors can’t rep investment firms
Financial Services 2024-06-13 2:57 pm By Sam Matthews

A judge has scorned a bid by the directors of John Bridgeman and JB Markets to represent the companies in a case brought by investment fund Benjamin Hornigold, suggesting the companies seek pro bono or community legal assistance.

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RAMS mulls cross-claim against franchisees in class action
Class Actions 2024-06-13 2:24 pm By Sam Matthews

Westpac subsidiary RAMS has flagged a cross-claim against disgruntled franchisees who say their agreements were terminated without proper cause, citing possible breaches of the National Credit Act. 

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Judge worries about declassing COVID-19 business interruption cases
Class Actions 2024-06-12 11:05 pm By Cindy Cameronne

A judge has raised concerns about bids to declass group proceedings over alleged business interruption losses during the height of the COVID-19 pandemic, saying the thousands of policyholders who registered for the class actions might reap more from the cases than making claims directly with their insurers.

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‘So far on the wrong side’: Santos wants more evidence of EDO’s conduct in Barossa pipeline case
Energy & Natural Resources 2024-06-12 11:29 pm By Sam Matthews

Santos is seeking to wrangle further documents from the Environmental Defenders Office to support its bid for costs orders against the law firm, telling a court there must have been “glaring deficiencies” in the standard of its services in running its challenge to construction of a pipeline for the energy company’s $5.6 billion Barossa gas project.

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Judge throws out suit against Slater & Gordon over Allegro takeover
Corporate 2024-06-12 2:39 pm By Sam Matthews

A judge has thrown out a shareholder’s case against Slater & Gordon over the firm’s takeover by private equity firm Allegro, after finding the firm was not the proper target for the claims. 

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‘The whole purpose is undermined’: Judge irked by referee pick in AUSTRAC case against Star
Simon White 2024-06-11 3:26 pm By Sam Matthews

The judge overseeing AUSTRAC’s case against Star Entertainment has questioned the parties’ agreement to refer questions of fact and law to a former judge for determination, rather than an anti-money laundering and counter-terrorism financing expert. 

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