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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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Merivale suffers setback in $129M underpayments class action
Employment 2021-04-01 4:43 pm By Cat Fredenburgh

The judge hearing an underpayments class action against hospitality company Merivale has found the workplace agreement that covered the group members was not validly approved.

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Clive Palmer’s Mineralogy breached CITIC agreement over Balmoral Iron mine acquisition, court finds
Energy & Natural Resources 2021-04-01 4:16 pm By Miklos Bolza

A judge has found that Clive Palmer’s Mineralogy breached an agreement with Hong Kong-based CITIC over the acquisition of mining tenements to extract one billion tonnes of iron ore in the Pilbara region.

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Boral ruling a warning to class action lawyers to be on their best behaviour
Class Actions 2021-04-01 3:28 pm By Miklos Bolza

A judgment in a heated carriage fight between three class actions against construction giant Boral provides some guidance to law firms about conduct that could potentially compromise their case for why they should be crowned the victor in a class action beauty parade.

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ASIC takes CBA to court for hitting customers with $55M in fees
Financial Services 2021-04-01 12:26 pm By Cat Fredenburgh

The Australian Securities and Investments Commission has taken the Commonwealth Bank of Australia to court for slapping nearly 1 million customers with unauthorised monthly access fees totaling $55 million over a nine-year period.

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Government seeks quick win in James Ashby lawsuit over $4.5M legal bill
Employment 2021-03-31 11:51 pm By Cat Fredenburgh

The federal government is seeking summary judgment in a lawsuit brought by One Nation chief-of-staff James Ashby alleging it took adverse action against him by refusing to foot the bill for nearly $4.5 million in legal costs stemming from a dropped sexual harassment case against former House speaker Peter Slipper.

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No win no fee carries law firm to victory in Boral class action beauty parade
Class Actions 2021-03-31 11:13 pm By Miklos Bolza

The law firm running its class action on a no win no fee basis has been crowned the winner in a battle against two competing firms to lead a shareholder class action against construction giant Boral, in the first such judgment handed down in the wake of a High Court ruling on competing class actions.

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Ex-Hendry Group CEO says she learned of misconduct allegations from board meeting minutes
Employment 2021-03-31 10:27 pm By Cat Fredenburgh

The former CEO of Hendry Group who claims the business consultancy suspended her after she complained of bullying and sex harassment has lashed out at the company’s claims that she was let go for misconduct, saying she only became aware of the allegations against her through board meeting minutes.

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Greensill Bank to avoid asset seizure for now as Australian creditors named
Restructuring & Insolvency 2021-03-31 6:18 pm By Cindy Cameronne

A judge has allowed a German bank owned by Greensill Capital, which owes creditors over $1.75 billion, to temporarily avoid seizure of its assets as the bank seeks to have its German insolvency proceedings recognised in Australia.

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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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