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Judge won’t let Toyota ‘inject lawyers’ into class action referee process
Class Actions 2020-08-14 9:50 pm By Christine Caulfield

A judge has rejected a bid by car giant Toyota to provide unsolicited submissions to a court-appointed referee tasked with determining technical questions in the case, saying the application was the first he’d ever seen in 30 years.

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Mayfair 101’s Mawhinney may face criminal charges as court appoints liquidators to investment group
ASIC 2020-08-14 1:22 pm By Christine Caulfield

A judge has appointed provisional liquidators to investment firm Mayfair 101 and has banned director James Mawhinney from transferring any assets out of Australia, after the corporate regulator told the court Mawhinney could face criminal charges.

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GetSwift class action trial vacated as judge asked to recuse himself
Class Actions 2020-08-13 10:15 pm By Cat Fredenburgh

The judge overseeing a shareholder class action against logistics provider GetSwift and three executives has vacated an upcoming trial date, following an application that he recuse himself from hearing the case.

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Banksia class action costs consultant denies he was Mark Elliott’s ‘dogsbody’
Class Actions 2020-08-13 10:14 pm By Alison Eveleigh

An independent costs consultant retained to assess the legal fees sought to be recouped from a settlement in a class action over the collapse of Banksia Securities has denied he was the “dogsbody” of funder Mark Elliott during a fiery cross examination at trial over the costs of the litigation.

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Barrister ‘deeply regrets’ class action fee scandal, says he should be struck off roll
Class Actions 2020-08-13 10:12 pm By Christine Caulfield

A week after silk Norman O’Bryan dropped his defence against allegations of misconduct in the running of a class action over the failure of Banksia Securities, his junior counsel, Michael Symons, has also conceded defeat, telling a court he too should be struck off the practitioners’ roll. 

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Judge slams rejigged opt out notice, funder’s ‘contrivance’ in Suncorp class action
Class Actions 2020-08-13 4:58 pm By Miklos Bolza

A judge has criticised a revised opt out notice in a class action against Suncorp over allegedly conflicted remuneration and again slammed the funder backing the case for sending a “disturbing” letter to group members contrived to achieve a commercial advantage.

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Insurance Council launches COVID-19 business interruption test case
Insurance 2020-08-13 4:15 pm By Cat Fredenburgh

The Insurance Council of Australia and the Australian Financial Complaints Authority have filed court proceedings that will test whether certain infectious disease exclusions in business interruption cover apply to coronavirus-related claims.

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Victoria’s stage 4 lockdown imperils Robodebt class action trial
Class Actions 2020-08-13 2:34 pm By Miklos Bolza

An impending three-week trial for the Robodebt class action may be in danger due to stage 4 lockdown measures in place in Victoria to control a second wave of coronavirus cases, with the top lawyer for the class telling the court he might need to step down due to homeschooling obligations if the lockdown overlaps with the trial.

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In victory for Mondelez, High Court reverses landmark personal leave ruling
Employment 2020-08-13 2:10 pm By Cat Fredenburgh

Mondelez has won its High Court challenge to a ruling on the method to be used for calculating workers’ personal days.

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Thomson Geer eyes major firm status with raids on DLA Piper, Macpherson Kelley
Business of Law 2020-08-13 11:56 am By Miklos Bolza

Thomson Geer has raided DLA Piper and Macpherson Kelley and picked up some of Australia’s top lawyers, one month after raiding Dentons’ Brisbane office, as it aims to become one of the country’s major law firms.

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