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‘An indulgence’: Judge rejects stay as Alex Elliott appeals recusal loss in Banksia class action
The judge overseeing professional misconduct claims against lawyers in the Banksia class action has denied Alex Elliott’s request to stay the case against him while he takes his recusal application to the Court of Appeal, branding the stay ‘an indulgence’.
Judge warns funder against ‘double dipping’ in Ruby Princess class action
A judge overseeing the Ruby Princess class action has cautioned funders against "double dipping" when seeking payouts from group members, while cruise line Carnival has attempted to shift part of the blame for the COVID-19 debacle onto the Prime Minister.
Trial in Mayfair 101 case vacated as ASIC expands misrepresentation claims
The trial scheduled for this month in ASIC's case against the Mayfair 101 group has been pushed off as the regulator adds claims that the troubled investment firm misled investors and director James Mawhinney briefs lawyers to represent his companies.
The Star’s COVID-19 insurance test case incomplete, court hears
Insurers for The Star have told a court that the casino’s lawsuit, which seeks to resolve threshold policy coverage issues in a bid to claim the losses it has suffered as a result of government restrictions enacted to stop the spread of COVID-19, is incomplete.
Army chief gets another chance to block war crimes docs in Ben Roberts-Smith case
The chief of the Australian Defence Force has been given the opportunity to put on further evidence after a judge said he would otherwise order that material provided to a war crimes inquiry by Ben Roberts-Smith be produced in the war veteran's defamation case against three news publishers.
GetSwift relocation bid heightens class action concerns, law firm says
A recent announcement by logistics tech provider GetSwift that it will be relocating to Canada has heightened concerns by the lawyers running a shareholder class action against the company that it might not be able to meet any orders for compensation to group members.
COVID-19 concerns put ASIC’s Rio Tinto trial at risk
A seven-week trial in ASIC's misleading conduct case against Rio Tinto may have to be postponed after two executives of the mining giant raised concerns that COVID-19 could impact their ability to appear as defendants in the case.
Judge calls for legislative reforms as appeals court transfers Uber class action
An appeals court has dealt with complex jurisdiction and limitations issues in transferring one of three class actions against ride sharing giant Uber to another court, with one of the judges saying legislative reforms were needed to deal with the issues.
‘Not tenable’: Banksia judge tosses Alex Elliott’s request that he recuse himself
The judge overseeing professional misconduct claims against lawyers in the Banksia class action has denied a recusal application brought by Alex Elliott, the son of deceased class action lawyer Mark Elliott, who was joined to the proceedings in August.
IOOF unit can’t stop ASIC from using royal commission evidence
An IOOF subsidiary sued over "bad advice" has failed in its bid to stop ASIC from using documents from the banking royal commission as evidence in the case, with a judge saying the company had already provided the material to the financial watchdog without objection.