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Silk Norman O’Bryan likely to face further scrutiny after admissions in Banksia class action
Analysis 2020-08-06 9:06 pm By Christine Caulfield

Barrister Norman O’Bryan has accepted that he should be struck from the roll of legal practitioners after dropping his defence mid-trial against claims of professional misconduct as senior counsel for a class action financed by the late Mark Elliott, but the consequences for the once high-flying silk might not end there.

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Maurice Blackburn didn’t breach obligations by filing new TWE class action
Class Actions 2020-08-06 8:27 pm By Miklos Bolza

Maurice Blackburn did not breach its obligations by using material from a now settled class action against Treasury Wine Estates to draft new class action pleadings against the wine maker, a court has found.

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ANZ, CBA can’t escape US rate-rigging class action
Financial Services 2020-08-06 4:21 pm By Miklos Bolza

Australia and New Zealand Banking Group and Commonwealth Bank of Australia have lost a third attempt to escape a rate-rigging class action in the US, with a judge calling the banks’ arguments unpersuasive.

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Resort villa owners to file strike out bid of Clive Palmer lawsuit
Class Actions 2020-08-06 4:01 pm By Miklos Bolza

Villa owners of the ill-fated Palmer Coolum Resort have flagged an impending strike out bid of a lawsuit brought by Clive Palmer, in which the mining magnate seeks to prevent the owners supporting a separate class action against him.

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Backpacker’s tax not discriminatory, appeals court finds
Employment 2020-08-06 3:55 pm By Alison Eveleigh

The Australian Taxation Office has won its appeal of a ruling that found that a 15 per cent ‘Backpacker’s Tax’ imposed on holders of Australian working holiday visas was unlawful.

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Hytera can’t ‘repackage’ deputy director as lay witness to avoid evidence rules on relevance
Intellectual Property 2020-08-06 3:39 pm By Miklos Bolza

A judge has found that Hytera Communications cannot “repackage” evidence given by one of its deputy directors to avoid rules about opinion evidence while defending a copyright infringement case by Motorola Solutions.

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Judge won’t recuse himself from Vannin Capital fight with Palmer companies
Restructuring & Insolvency 2020-08-06 3:32 pm By Alison Eveleigh

A judge has refused to recuse himself from a stoush between litigation funder Vannin Capital and Clive Palmer’s companies over the appointment of a barrister in a claim springing from the long-running Queensland Nickel liquidation case.

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BNY Mellon unit convicted in first criminal case over handling of client money
White Collar 2020-08-05 10:32 pm By Cat Fredenburgh

Bank of New York Mellon unit Pershing has become the first company in Australia to be convicted of criminal charges for breaching regulations requiring AFSL licensees to keep client money in separate bank accounts.

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Mills Oakley faces negligence lawsuit over share sale to Slater & Gordon
Business of Law 2020-08-05 9:53 pm By Alison Eveleigh

National law firm Mills Oakley has been accused of negligence and breach of contract over advice the firm gave regarding the sale of shares in a personal injury law firm to Slater & Gordon.

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Judge urges Komatsu to consider ‘adequacy’ of sex harassment defence
Employment 2020-08-05 7:24 pm By Alison Eveleigh

A judge has told mining equipment provider Komatsu to consider whether its sex harassment policies and training are an “adequate” defence to serious allegations of harassment and bullying by a female employee.

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