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Late document dump in Banksia class action a ‘professional disgrace’, court told
Class Actions 2020-11-26 11:48 am By Christine Caulfield

Last-minute discovery of emails by the solicitor facing accusations of complicity in a fraudulent scheme by his father and the barristers leading a class action over the collapse of Banksia Securities has been labelled a “professional disgrace” that has twice delayed his trial.

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Banksia class action judge shoots down barrister’s proportionate liability notice
Class Actions 2020-11-25 10:51 pm By Christine Caulfield

The judge overseeing a trial over alleged misconduct by lawyers behind the Banksia class action has blasted a bid by disgraced senior counsel Norman O’Bryan to file a notice of proportionate liability ahead of his turn in the witness stand, saying the notice flew in the face of the barrister’s decision to concede defeat in the case.

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CFMEU liable for officers’ refusal to produce permits, Full Court holds
Employment 2020-11-25 6:58 pm By Spencer Fowler Steen

The Full Federal Court has upheld a ruling that the CFMEU was “knowingly concerned” in the refusal of union officers to produce entry permits at a Queensland building site, with the appeals court saying it was”difficult” to understand how the union was not an accessory to the contraventions of its employees.

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Clive Palmer’s companies slammed for misleading court in $30B dispute with WA
Energy & Natural Resources 2020-11-25 5:27 pm By Miklos Bolza

Two companies owned by billionaire Clive Palmer have suffered a legal setback, with a judge setting aside prior orders enforcing two awards in a $30 billion mining dispute with the Western Australian government and criticising the companies for misleading the court.

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Former solicitor general to act as contradictor in GetSwift recusal appeal
Alan Shearer 2020-11-25 4:42 pm By Spencer Fowler Steen

Former solicitor general Justin Gleeson SC has been appointed contradictor in GetSwift’s battle to have the judge overseeing a shareholder class action disqualify himself from the proceedings after overseeing the trial in ASIC’s case against the logistics provider.

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Advanta patent lapses after renewal correspondence sent to departed employees
Intellectual Property 2020-11-25 4:29 pm By Cat Fredenburgh

Advanta Seeds has been denied more time to pay renewal fees for its patent for a hybrid plant cell after correspondence from its lawyers about the renewal was sent to employees that had left the company and the patent renewal fell through the cracks during a 2016 systems upgrade.

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Tucker Cowen hit with unfair dismissal lawsuit by senior counsel
Employment 2020-11-25 2:16 pm By Miklos Bolza

Brisbane-based law firm Tucker Cowen and three of its principals are facing an unfair dismissal case by a former special counsel who exited the firm earlier this year.

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Insurer not on the hook for Opal Tower concrete manufacturer’s legal bills
Insurance 2020-11-25 1:36 pm By Miklos Bolza

The prefab concrete specialist behind Sydney’s Opal Tower has lost a courtroom bid to have its insurer pay costs in advance incurred in defending cross-claims in two lawsuits over the ill-fated tower.

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CIMIC looks to strike out class action over $1.8B writedown
Securities 2020-11-25 10:52 am By Cat Fredenburgh

Engineering services company CIMIC is looking to strike out a shareholder class action alleging it failed to keep the market informed about issues with its Middle East operations.

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ACCC says Kogan should pay $2M for misleading promotion
Competition & Consumer Protection 2020-11-24 9:54 pm By Spencer Fowler Steen

The Australian Competition and Consumer Commission is seeking $2 million in penalties against Kogan, after a judge found statements the online retailer made during a 2018 promotion were misleading and drew consumers into the company’s “marketing web”.

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