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Litigating in the age of coronavirus: The Dick Smith trial goes virtual
Trials 2020-03-20 7:15 pm By Cat Fredenburgh

Six law firms are working on a consolidated trial of multiple class actions over the collapse of retailer Dick Smith, but when the trial opened in the NSW Supreme Court this week, a lone barrister appeared in court before Justice Michael Ball, amid a sea of empty bar tables. Most of the hearing’s participants joined through a virtual courtroom while members of the public were invited to watch the trial unfold on a YouTube live stream. Welcome to litigating in the age of the coronavirus.

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‘Forensic voyeurism’: Judge denies BHP bid for docs in $36M spat with insurers
Insurance 2020-03-10 8:58 pm By Miklos Bolza

A subsidiary of BHP Billiton can’t get its hands on underwriting documents in its case against Lloyd’s of London and Berkley Insurance, which are being sued by the mining giant for over $36 million after allegedly substandard equipment was installed at its Olympic Dam Mine.

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Deloitte partners can’t dodge production order after ‘outrageous’ removal of audit files, Full Court says
Class Actions 2020-02-27 10:00 am By Miklos Bolza

Deloitte has lost its appeal of a ruling in a shareholder class action over the collapse of Hastie Group that compelled the production of audit files taken by a partner from the accounting giant’s litigation room, in a ruling that described the actions of the partner as “bordering on contempt” and slammed Deloitte for “cynically” exploiting the situation.

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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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Dick Smith class actions headed for March trial after mediation fails
Class Actions 2020-02-10 11:00 am By Cat Fredenburgh

Two shareholder class actions against failed electronics retailer Dick Smith will head to trial in March, after a failed attempt to resolve the long-running dispute in mediation.

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Dick Smith class actions can tweak case against Deloitte
Class Actions 2020-01-13 5:02 pm By Miklos Bolza

The lead plaintiffs in two shareholder class actions against Dick Smith can amend their case against accounting firm Deloitte, less than two months before a mammoth hearing is set to commence.

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‘Reasonable chance’ of settlement in Dick Smith class actions
Class Actions 2019-12-06 12:31 pm By Cat Fredenburgh

There is a “reasonable chance” that two shareholder class actions against failed electronics retailer Dick Smith will settle by February of next year, group members have learned.

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Cross claims against Deloitte dropped in Dick Smith class actions
Class Actions 2019-11-28 12:29 pm By Miklos Bolza

Accounting giant Deloitte Touche Tohmatsu will not face cross claims over the collapse of failed retailer Dick Smith when a hearing of three shareholder class actions kicks off in three months.

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Ex-Dick Smith directors seek damages against Deloitte over $520M float
Class Actions 2019-10-11 4:43 pm By Miklos Bolza

Two former Dick Smith directors targeted by dual class actions have expanded their case against Deloitte over the retailer’s 2016 collapse, saying if the company was found liable for shareholder losses then the auditor should be blamed for its shoddy work on the company’s financial statements during its float three years earlier.

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Ernst & Young strikes out with third party claims against failed LM Investment
Restructuring & Insolvency 2019-10-08 11:47 pm By Cat Fredenburgh

Ernst & Young, which is facing a lawsuit brought by the receiver of a fund overseen by failed financial services firm LM Investment Management, has lost its bid to file a claim for damages against LMIM, with a judge saying the auditor’s case was “flawed” and “counterintuitive”.

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