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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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Ernst & Young strikes out with third party claims against failed LM Investment
Restructuring & Insolvency 2019-10-08 11:47 pm By Cat Fredenburgh

Ernst & Young, which is facing a lawsuit brought by the receiver of a fund overseen by failed financial services firm LM Investment Management, has lost its bid to file a claim for damages against LMIM, with a judge saying the auditor’s case was “flawed” and “counterintuitive”.

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Judge signs off on $725K in fees in $1.2M recycling plant fire class action settlement
Class Actions 2019-10-07 10:58 pm By Cat Fredenburgh

A judge has approved $725,000 in fees for Maddens Lawyers in signing off on a $1.2 million settlement in a class action over a 2017 fire at the Coolaroo recycling plant fire in Victoria, saying if the matter went to trial the firm’s bill would “far exceed” the value of the case.

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NAB to face $1.2M unconscionable conduct claim by Victorian property developer
Financial Services 2019-10-03 11:46 am By Miklos Bolza

A court has thrown out a breach of contract claim brought by two subsidiaries of property developer Minster Group against National Australia Bank, but found the bank must face a $1.2 million unconscionability claim over allegedly excessive fees.

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NSW government points finger at developer in Opal Tower class action
Class Actions 2019-10-02 9:01 pm By Amelia Birnie

The NSW government’s Sydney Olympic Park Authority, which is facing a class action brought by owners of apartments at the troubled Opal Tower, has laid the blame on the developer, designer and builder behind the project.

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Sparke Helmore off the hook as court slams IOOF unit with $81M judgment over plantation sale
Restructuring & Insolvency 2019-09-26 2:50 pm By Miklos Bolza

IOOF subsidiary Australian Executor Trustees has been hit with an $80.6 million judgment after breaching its duty as trustee in the sale of a 42,000 hectare timber plantation by collapsed forestry giant Gunns Group, and it can’t pass the liability on to Spark Helmore, despite the law firm’s inadequate advice.

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Judge to sign off on settlement in Don Dale detention centre class action
Class Actions 2019-09-25 8:16 pm By Miklos Bolza

A judge has indicated he will approve a confidential settlement in a class action brought by a litigation guardian of young Indigenous Australian detainees against the Northern Territory Government alleging human rights abuses.

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Funder succeeds in declaration enforcing its class action agreements
Expert Insights 2019-09-24 1:33 pm By Editor

This month’s decision by the Queensland Supreme Court confirming the validity of the class action funding business model in jurisdictions whose legislatures have not abolished the tort of maintenance and champerty is a landmark one, writes Piper Alderman partners Greg Whyte and Lillian Rizio.

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James Cook University appeals $1.2M judgment for sacking climate skeptic
Appeals 2019-09-20 11:09 am By Miklos Bolza

James Cook University has followed through on its promise to appeal a $1.2 million judgment awarded against it for the unfair dismissal of physics professor and climate skeptic Peter Ridd.

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Order banning DP World workers from ‘go slow’ protests quashed by FWC’s 7.5 hour error
Employment 2019-09-19 3:54 pm By Miklos Bolza

The CFMEU has successfully challenged an interim Fair Work Commission order barring workers at stevedoring firm DP World from ‘go slow’ industrial action after an appeals panel found a commissioner had no power to make the original order because she miscalculated, by 7.5 hours, when she could make it.

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