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National Library to back pay staff $250,000 in agreement with FWO
Employment 2020-11-02 12:36 pm By Spencer Fowler Steen

Australia’s largest library has entered into a “stringent” enforceable undertaking with the Fair Work Ombudsman after underpaying more than 100 employees to the tune of $250,000 in wages and super.

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Common fund order issue can’t be decided in ‘evidentiary vacuum’, NSW appeals court says
Class Actions 2020-10-30 11:06 pm By Christine Caulfield

The NSW Court of Appeal has passed on the question of whether a judge can make a common fund order when a class action settles to ensure a certain return to litigation funders, but the issue is not going away, whatever the Federal Court’s decision in a parallel case.

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Findex can’t enforce ‘convoluted’ restraint clauses against advisor who poached clients, court says
Accounting 2020-10-30 10:23 pm By Miklos Bolza

Accounting firm Findex has lost an appeal of a court’s judgment tossing its case against a former financial advisor, despite the court finding he had poached the company’s clients and caused $742,000 in losses.

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Banksia funder Mark Elliott’s ‘practice’ of deleting emails doesn’t gel, court told
Class Actions 2020-10-30 10:12 pm By Christine Caulfield

A routine practice by the funder behind the scandal-ridden Banksia class action of deleting emails, documented in a letter by his solicitors just days before his death, isn’t consistent with the electronic record maintained in another class action in which he was involved, a court overseeing a trial in the case has heard.

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Court approves one of the first video opt out notices in a class action
Class Actions 2020-10-30 10:12 pm By Miklos Bolza

The Federal Court has approved what is thought to be only the second ever audio-visual opt out notice in a class action, a move that will make it easier for group members to find out about class actions they may be eligible for.

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Boston Scientific faces possible pelvic mesh class action
Class Actions 2020-10-30 12:08 pm By Miklos Bolza

A Sydney-based law firm is conducting a class action investigation into medical device manufacturer Boston Scientific’s pelvic mesh products, adding to the growing list of companies facing lawsuit by women who claim they experienced pain and other adverse symptoms due to the implants.

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Pitcher Partners’ bid for indemnity costs from class action gets poor reception
Class Actions 2020-10-29 7:12 pm By Miklos Bolza

A judge has expressed skepticism at claims by accounting firm Pitcher Partners that the lead applicant of a now dropped class action over its auditing advice to Slater & Gordon should be hit with indemnity costs for discontinuing the case.

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ACCC appeals loss in Employsure case over Google ads, keywords
Appeals 2020-10-29 5:13 pm By Cat Fredenburgh

The ACCC has lodged an appeal after a judge threw out its case against Employsure alleging the specialist workplace relations consultancy duped small businesses into signing long-term contracts via several Google ads that promised free workplace advice which appeared to be government-affiliated.

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Judge slams ASIC’s case against Worrells partner
Restructuring & Insolvency 2020-10-29 4:57 pm By Cat Fredenburgh

A judge has set aside the pleadings in ASIC’s case accusing a Worrells liquidator of aiding and abetting the illegal phoenix activity of collapsed Queensland property investment advisor Members Alliance Group, saying he is entitled to a “coherent pleading”.

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Judge ‘troubled’ by firm’s bid to add client’s brother-in-law to $745,000 fee spat
Real Estate 2020-10-29 4:16 pm By Miklos Bolza

A judge has criticised a law firm that is suing its former client, Melbourne cafe Barfly’s, for $745,000 in legal fees after the firm sought to join the brother-in-law of Barfly’s owner Tony Hachem to the case.

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