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Lawyer’s meeting notes don’t belong to client, HWL Ebsworth tells court
Financial Services 2021-04-29 2:20 pm By Christine Caulfield

A junior solicitor’s meeting notes during an ASIC investigation of ANZ did not belong to her client despite the lawyer billing for her attendance at the meeting, law firm HWL Ebsworth has argued before a skeptical judge.

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‘The game is not worth the candle’: Judge says oral discovery in 7-Eleven class action a waste of time
Class Actions 2021-04-01 5:05 pm By Christine Caulfield

Courts have power to order oral discovery of potential witnesses ahead of trial, according to the judge overseeing two 7-Eleven class actions by franchisees, but the cases against the convenience store giant were not the occasion to exercise the power, he said.

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HWL Ebsworth docs sought by ANZ whistleblower could contain ‘golden nugget’, judge says
Employment 2021-03-31 3:31 pm By Cindy Cameronne

A judge has ruled that a former ANZ trader who alleges he was fired after complaining about rate-rigging at the bank can amend his lawsuit after separate proceedings that accuse law firm HWL Ebsworth of withholding his client file are resolved, saying the HWL documents could contain a “golden nugget”.

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Appeal filed after judge rejects bid for oral discovery in 7-Eleven class actions
Class Actions 2021-03-09 4:25 pm By Miklos Bolza

The lead plaintiffs in two class actions against 7-Eleven have appealed a decision rejecting the very first Federal Court application for oral discovery, which would have seen four former employees bound by confidentiality agreements give evidence.

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ANZ to seek privilege over sacked trader’s client files held by HWL Ebsworth
Business of Law 2021-03-09 12:06 pm By Christine Caulfield

ANZ will fight to keep a sacked trader from accessing a client file held by HWL Ebsworth, citing privilege over the documents, a court has heard.

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Priceline staring down class action by irate pharmacy franchisees
Franchises 2021-02-22 6:35 pm By Miklos Bolza

Pharmacy giant Priceline is the target of an “imminent” class action, with a group of dissatisfied franchisees accusing the company of exercising an “overly prescriptive” level of control over its franchises and fettering profitability.

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New evidentiary tool on cards as 7-Eleven class action judge hears first ever oral discovery bid
Class Actions 2021-02-19 4:07 pm By Miklos Bolza

A Federal Court judge overseeing two franchisee class actions against 7-Eleven has heard a landmark application for pre-trial oral discovery that could create another tool for lawyers to source evidence otherwise blocked by confidentiality agreements.

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Shareholder secures access to books for possible class action against Orinoco Gold
Restructuring & Insolvency 2021-01-25 3:13 pm By Christine Caulfield

Collapsed gold producer Orinoco Gold could face a class action after a shareholder won access to a raft of company documents to investigate the prospect of a group proceeding to recover losses.

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Whistleblower laws don’t apply retrospectively, judge says in ANZ bank trader’s case
Employment 2020-12-11 5:50 pm By Cat Fredenburgh

A judge has thrown out the portion of a lawsuit brought by an ANZ trader who was sacked in 2015 that was brought under enhanced whistleblower protections that took effect in 2019, saying the civil remedy provisions do not apply retrospectively.

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High Court asked to deal death blow to common fund orders
High Court 2020-12-07 4:57 pm By Cat Fredenburgh

Convenience store chain 7-Eleven has asked the High Court to find courts do not have the power to make common fund orders at settlement or judgment in a class action, one year after the High Court ruled common fund orders could not be made in the early part of a representative proceeding.

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