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Subpoenas can’t be issued ‘willy nilly’ to dodge journalist privilege, judge says in Elaine Stead case
Defamation 2020-11-19 5:48 pm By Miklos Bolza

A judge has set aside a subpoena issued by venture capitalist Elaine Stead in her defamation lawsuit against Fairfax, saying subpoenas could not just be issued “willy nilly” to identify a journalist’s confidential sources.

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Settlement reached in Chinese investors’ class action against Sydney financial advisor
Class Actions 2020-11-19 5:41 pm By Cat Fredenburgh

A settlement has been reached in a class action against a Sydney-based financial advisory firm by a group of Chinese investors over a property investment and visa scheme that allegedly saw group members lose $14.5 million in funds.

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‘An order that has never been made before’: Judge preps for contingency fee hearing
Class Actions 2020-11-19 5:02 pm By Miklos Bolza

A Victoria Supreme Court judge hearing two competing class actions against Allianz Australia over “junk” insurance has asked the parties for feedback on what she should consider at a hearing on a request for a group costs order, which would allow the plaintiff lawyers to earn a cut of any settlement or judgment, the first such request made since Victoria legalised contingency fees.

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Shareholders appeal dismissal of Worley class action
Class Actions 2020-11-19 11:47 am By Christine Caulfield

Shareholders who lost a Federal Court trial in their class action against engineering company Worley are challenging the decision to dismiss the case.

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Why law firms should think twice before representing themselves
Legal Ethics 2020-11-18 11:25 pm By Christine Caulfield

A finding this week that Norton Rose Fulbright intentionally misled a former lawyer in an employment dispute and abused the court’s processes threatens the legal career of an equity partner at the firm and is a warning to all firms to think twice before representing themselves in cases involving soured professional relationships.

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Former Leighton exec charged over foreign bribery plot
White Collar 2020-11-18 9:53 pm By Cat Fredenburgh

A former executive of a unit of Leighton Holdings has been arrested and charged with foreign bribery offences following a 9 year-investigation by the AFP into $106 million in bribes allegedly steered to Iraqi officials to win lucrative oil projects.

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FWC arbitration doesn’t doom union’s lawsuit against Airservices
Employment 2020-11-18 5:28 pm By Miklos Bolza

A court has ruled that an arbitration proceeding before the Fair Work Commission does not doom a Federal Court lawsuit brought by the civilian air traffic controllers union against government-owned Airservices.

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Santos lawsuit against Fluor over gas project rests on ‘shaky assumption’, appeals court says
Energy & Natural Resources 2020-11-18 4:11 pm By Miklos Bolza

An appeals court has shot down oil and gas giant Santos’ bid for expanded discovery against engineering company Fluor, finding that the application was “akin to a fishing expedition” that was based on “a shaky assumption” by lawyers from Corrs Chambers Westgarth.

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Five law firms to spar over liability in $15M Dover Financial negligence case
Financial Services 2020-11-18 12:59 pm By Cat Fredenburgh

Two more law firms have been joined to a lawsuit by defunct financial advisor Dover Financial accusing three law firms of providing negligent advice regarding an inaptly titled client protection policy which a judge found was “highly misleading” and “an exercise in Orwellian doublespeak”.

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Epic Games takes competition battle with Apple to Australia
Competition & Consumer Protection 2020-11-17 11:12 pm By Cat Fredenburgh

Epic Games, maker of the popular Fortnite game, has taken its courtroom battle with Apple to Australia, hitting the tech giant with a lawsuit for allegedly abusing its market power.

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