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Judge accepts Linchpin directors’ penalty privilege claims in class action
Class Actions 2022-08-04 2:43 pm By Cindy Cameronne

A judge has allowed four ex-Linchpin directors facing possible fines by ASIC to put off filing evidence or amended defences in an investor class action after they claimed it would put them at risk of penalty in the corporate regulator’s proceedings.

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Johnson Winter & Slattery opens Canberra office with partners from MinterEllison
Business of Law 2022-08-04 11:18 pm By Christine Caulfield

Law firm Johnson Winter & Slattery is expanding its footprint with the opening of a Canberra office spearheaded by two new partners lured from MinterEllison and leading M&A partner Marcus Clark.

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Citing ‘leisurewear effect’, judge says Brambles class action witness should testify in person
Class Actions 2022-08-03 1:52 pm By Sam Matthews

A judge has rejected a bid by chain logistics company Brambles to allow two of its US-based witnesses to appear remotely at an upcoming trial in a shareholder class action, saying the executives should make the trip or give no evidence.

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Barristers’ clerk was not axed for working from home, court told
Employment 2022-08-03 2:37 pm By Cat Fredenburgh

A Melbourne-based clerking service has denied that it fired a clerk because she asked to work from home to manage her disability and was absent from work due to COVID-19 complications.

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Mercedes bullied car dealers, called them ‘baby piglets’, court told
Trials 2022-08-03 11:40 pm By Cindy Cameronne

Officials at the Mercedes-Benz Australia head office referred to car dealers as “baby piglets” in internal communications and threatened and bullied the retailers, a trial court has been told in a $650 million lawsuit over the car maker’s decision to move to a fixed-price agency model.

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Ex-Amobee boss who hid affair with underling can sue for disability discrimination by association
Human Rights 2022-08-03 5:56 pm By Sam Matthews

A former managing director of adtech company Amobee can proceed with a complaint of disability discrimination by association, after he was fired for failing to disclose a relationship with an employee who suffered from post-traumatic stress disorder after a sexual assault by a senior executive.

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Judge blasts ‘horrendously inefficient’ fight in developer’s lawsuit against Zurich
Insurance 2022-08-03 1:22 pm By Cindy Cameronne

A judge has given a “judicial harrumph” to Sydney developer FKP Commercial Developments and Irish insurer Zurich Insurance in a dispute over coverage for an apartment defects suit, saying it was not for the court to “trawl” through an insurance policy to work out its meaning. 

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Lawyer sues over articles on dropped David Jones fraud charges
Defamation 2022-08-03 11:07 pm By Sam Matthews

A Sydney lawyer has sued the owners of three websites which allegedly published defamatory articles accusing her of trying to defraud $16,000 from David Jones, claiming her employment prospects have been damaged.

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A ‘futile exercise’: Palmer, McGowan win chump change in costly defamation battle
Defamation 2022-08-02 2:44 pm By Sam Matthews

A court has awarded Western Australia premier Mark McGowan and mining billionaire Clive Palmer paltry sums in their defamation battle, with a judge finding that Palmer suffered “very little damage” to his reputation.

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‘No brainer’ that Arrium was failing when directors drew down funds, court told
Restructuring & Insolvency 2022-08-02 11:09 pm By Cindy Cameronne

Several lenders have appealed a ruling that found they failed to prove steel giant Arrium falsified representations on loan drawdown notices ahead of its $2.8 billion collapse, saying it was a “no brainer” that the company was in dire straits when its directors sought extra funds.

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