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Judge criticises lawyers’ ‘inflammatory’ correspondence in $27M trust dispute
Arbitration 2020-09-03 4:40 pm By Alison Eveleigh

A judge has slammed the lawyers in a $27 million trust dispute between a Chinese machinery company and law firm Clyde & Co for engaging in “inflammatory” correspondence instead of properly conferring before bringing their case to court.

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Insurance Council launches COVID-19 business interruption test case
Insurance 2020-08-13 4:15 pm By Cat Fredenburgh

The Insurance Council of Australia and the Australian Financial Complaints Authority have filed court proceedings that will test whether certain infectious disease exclusions in business interruption cover apply to coronavirus-related claims.

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Arrium liquidators win fight over examination of director for potential class action
Restructuring & Insolvency 2020-07-30 4:59 pm By Miklos Bolza

Liquidators for collapsed steel and mining giant Arrium have successfully appealed a court ruling permitting the examination of a former director for a possible shareholder class action, with the Court of Appeal for the NSW Supreme Court finding the “private nature” of the claims was an abuse of process.

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Lawyer stood down after court slams ‘disturbing’ conduct in Malaysia Airlines class action
Class Actions 2020-07-10 9:29 pm By Alison Eveleigh

The law firm slammed by the Full Federal Court this week for its conduct in the Malaysia Airlines class action has apologised to the family unknowingly shut out of the class action, and has stood down the lead lawyer in the case.

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‘Let down’ by own lawyers: Family of MH17 victim wins appeal after being shut out of class action
Class Actions 2020-07-07 10:40 pm By Alison Eveleigh

The parents of an Australian national who was killed aboard Malaysia Airlines flight MH17 have successfully appealed a decision blocking them from participating in the settlement of a class action, with an appeals court judge describing as “disturbing” the conduct of their legal team in the group proceeding.

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Brexit, COVID-19 no reason to alter security terms in Gladstone Ports class action, judge says
COVID-19 2020-06-29 5:56 pm By Miklos Bolza

A judge has rejected claims by Gladstone Ports Corporation that security for costs in a $100 million class action by commercial fishing operators should not be paid through a London-based insurer because of the impact of Brexit and COVID-19.

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More law firms to be dragged into Dover Financial negligence case
Financial Services 2020-06-17 6:30 pm By Alison Eveleigh

More law firms may soon be targeted in a lawsuit brought by defunct financial advisor Dover Financial alleging three law firms provided negligent advice concerning an inaptly titled ‘client protection policy’, which a judge recently found was “highly misleading” and “an exercise in Orwellian doublespeak”.

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Judges pan lawyers for ‘disgraceful’ treatment of family shut out of Malaysia Airlines class action
Appeals 2020-05-12 9:40 pm By Alison Eveleigh

The Full Federal Court has slammed as “disgraceful” the handling of a class action claim by the family of an Australian national who was killed aboard Malaysia Airlines flight MH17, as the family appeals a decision that blocked them from participating in the settlement of the proceedings.

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Global law firm may face breach of trust claim over $27M award
Arbitration 2020-04-28 8:40 pm By Alison Eveleigh

A law firm with a global footprint is facing a possible breach of trust lawsuit in relation to $27 million it held as security for costs in an international arbitration.

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Court limits ‘fishing’ in ousted Piper Alderman partner’s sex discrimination case
Business of Law 2020-04-23 12:52 pm By Alison Eveleigh

Piper Alderman will spend the next six weeks gathering documents for a former partner who is seeking to revive her unlawful discrimination case against the firm, but a court limited the categories of documents sought to prevent a ‘fishing’ expedition.

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