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With Full Court still out, judge vacates trial date in Vocation class action
Class Actions 2019-10-11 10:52 pm By Christine Caulfield

Awaiting a Full Court ruling in a case involving similar claims of privilege against self-incrimination by partners at another accounting giant, the judge in a consolidated class action against PricewaterhouseCoopers over its auditing of the failed Vocation has vacated the February trial date.

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‘Only briefed yesterday’: Arnold Bloch Leibler barrister raises ire in class action
Class Actions 2019-10-11 9:53 pm By Christine Caulfield

Counsel for a class action against Arnold Bloch Leibler alleging negligence over advice to Slater & Gordon has criticised the law firm’s barrister for seeking more time to file a possible dismissal application because he was “only briefed yesterday”, saying the excuse had become an all too frequent one.

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Election challengers subpoena ABC for Josh Frydenberg interview in front of Chinese posters
ABC 2019-10-11 9:25 pm By Miklos Bolza

Two petitioners challenging the election of Treasurer Josh Frydenberg and embattled Liberal MP Gladys Liu have subpoenaed the Australian Broadcasting Corporation and Sky News for interview footage in front of the Chinese language posters at the heart of the dispute.

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Ex-Dick Smith directors seek damages against Deloitte over $520M float
Class Actions 2019-10-11 4:43 pm By Miklos Bolza

Two former Dick Smith directors targeted by dual class actions have expanded their case against Deloitte over the retailer’s 2016 collapse, saying if the company was found liable for shareholder losses then the auditor should be blamed for its shoddy work on the company’s financial statements during its float three years earlier.

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TPG ‘vindicated’ by dismissal of ACCC case over non-refundable customer prepayments
Competition & Consumer Protection 2019-10-11 3:41 pm By Amelia Birnie

Internet provider TPG says it has been “vindicated” by a judge’s decision to throw out the consumer watchdog’s case over allegedly unfair contract terms that allowed the telco to keep millions of dollars of customer’s unused prepaid funds.

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Motorola slams Hytera for ‘pig-headed’ approach to IP expert evidence
Intellectual Property 2019-10-11 2:18 pm By Amelia Birnie

Motorola has slammed competitor Hytera for its “spectacularly poor” handling of expert evidence in a high stakes intellectual property dispute between the two tech giants, arguing the pre-trial timetable should not be upended on account of the Chinese radio maker’s “pig-headed” insistence on using unavailable witnesses.

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Lawyers running Bellamy’s case want to expand class to equity swap investors
Class Actions 2019-10-11 12:30 pm By Christine Caulfield

One of two shareholder class actions against infant food maker Bellamy’s for allegedly misleading investors about its China growth strategy and declining infant formula market share in Australia wants to expand the class definition to include purchasers of equity swaps.

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Prominent silk Kate Eastman accused of bias in Israel Folau case
Employment 2019-10-10 11:12 pm By Cat Fredenburgh

Former Wallabies star Israel Folau says a tribunal’s decision to terminate his contract with Rugby Australia over homophobic social media posts has no effect due to the apprehended bias of one of its members, prominent barrister and LGBTI rights advocate Kate Eastman.

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Funder in Toyota class action wants up to 30% commission
Class Actions 2019-10-10 10:25 pm By Christine Caulfield

The litigation funder bankrolling a new class action against Toyota over allegedly faulty filters in its diesel models is looking to earn a step-up commission of between 20 and 30 percent of any recovery in the case.

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UDP wins $25M from insurers over doomed 5 Star Foods deal
Corporate 2019-10-10 5:27 pm By Miklos Bolza

Hong Kong-based UDP was entitled to $25 million from its insurers after losing more than $30 million from its disastrous acquisition of dairy conglomerate 5 Star Foods, which had been secretly overcharging one of its biggest customers, food giant Lion Nathan Group.

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