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Lawyer not eligible for performance pay while suspended, FWC says
Employment 2020-09-16 11:03 pm By Christine Caulfield

A public sector lawyer has failed to persuade the Fair Work Commission that he was eligible for progression pay rises despite his suspension for alleged misconduct that included repeatedly requesting that a colleague accept his friendship request on Facebook.

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Mayfair director should not be put in charge of other people’s money, court told
Restructuring & Insolvency 2020-09-16 7:09 pm By Miklos Bolza

Companies associated with Mayfair’s IPO Wealth Fund should be wound up because they contained assets “artificially inflated” in value and ran what was effectively a Ponzi scheme, the Victoria Supreme Court has heard.

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Judge delays Robodebt trial to let class add claims against five government employees
Class Actions 2020-09-16 5:56 pm By Alison Eveleigh

A judge has given the green light for the applicants in the Robodebt class action to file an amended statement of claim on the eve of trial that adds a claim for exemplary damages and drags five government employees into the proceedings.

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Common fund orders under attack again in Takata airbags class action
Class Actions 2020-09-16 2:47 pm By Alison Eveleigh

Common fund orders are again under scrutiny in a class action which was at the centre of the High Court’s decision to strike down the orders, with a NSW Supreme Court judge sending back to the appeals court the question of whether the orders can be made at settlement.

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Andrews government faces second class action over COVID-19 lockdown
COVID-19 2020-09-16 2:15 pm By Christine Caulfield

A second class action has been launched against the Andrews Government over stage four restrictions imposed on Victorians, alleging failures to manage the state’s hotel quarantine program were directly to blame for the second wave of COVID-19 cases.

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ACCC can’t stop buy now, pay later finance in solar industry
Energy & Natural Resources 2020-09-15 11:37 pm By Cat Fredenburgh

The Australian Competition Tribunal has shot down ACCC moves to restrict the use of buy now, pay later finance for the purchase of solar goods and other new energy technology products.

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ACCC calls for $3.5M penalty for Oscar Wylee’s ‘brazen’ charity misrepresentations
Competition & Consumer Protection 2020-09-15 7:46 pm By Alison Eveleigh

The ACCC has asked a court to impose a $3.5 million penalty against eyewear retailer Oscar Wylee for making misleading representations about its charitable donations and affiliations, including that it would donate one pair of eyeglasses to charity for every pair purchased.

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Mayfair director slams ‘erroneous’ Deloitte report in ASIC winding up case
Restructuring & Insolvency 2020-09-15 7:17 pm By Miklos Bolza

The director of besieged investment group Mayfair 101 has called for an investigation into the Australian Securities and Investments Commission, calling a winding up proceeding brought by the financial watchdog “a form of malicious prosecution” based on a “flawed fundamental misunderstanding” and supported by an erroneous report from auditor Deloitte.

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Banksia judge orders Alex Elliott to reveal financial interests in father’s companies
Class Actions 2020-09-15 7:01 pm By Alison Eveleigh

Alex Elliott, the son of former Banksia Securities class action lawyer Mark Elliott, must hand over documents revealing his financial interests in his father’s litigation funding company and law firm, after the judge overseeing professional misconduct claims against lawyers in the class action rejected his claims that the discovery was a fishing expedition.

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Nthalmic directors accused of misusing confidential information in lens patent applications
Intellectual Property 2020-09-15 6:10 pm By Miklos Bolza

Sydney-based research foundation Brien Holden Vision Institute has filed a lawsuit alleging three senior researchers misused confidential information when they jumped ship to a rival research group and filed applications to patent seven inventions for opthalmic lenses designed to treat myopia allegedly based on that information.

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