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Elliott doesn’t have to give ‘full and frank’ explanation of alleged role in Banksia fee scandal
Class Actions 2020-09-23 9:35 pm By Alison Eveleigh

An appeals court has set aside an order requiring Alex Elliott, the son of the funder behind the Banksia securities class action, to give a ā€œfull and frankā€ explanation of his role in an alleged fraudulent scheme to inflate legal fees in the case.

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Judge again rejects priority application in Crown Resorts class action
Class Actions 2020-09-23 2:48 pm By Cat Fredenburgh

A judge has denied a request to grant priority status to a shareholder class action against Crown Resorts that would have allowed the Melbourne-based legal team running the case to access childcare and leave their homes for work while the state of Victoria remains in lockdown.

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Mayfair’s Mawhinney hires Ashurst after lengthy ASIC submission
Financial Services 2020-09-23 11:34 am By Miklos Bolza

The director of the beleaguered Mayfair investment group, who has been self-represented in winding up proceedings by ASIC, has now entered into a late stage retainer with law firm Ashurst, with his barrister saying he could no longer manage the case on his own after the regulator filed a lengthy affidavit.

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Silks, retired judges call for no-vote on ‘unprecedented’ COVID-19 emergency powers
COVID-19 2020-09-22 11:30 pm By Christine Caulfield

Leading senior barristers and former judges are urging Victoria’s upper house to oppose the Andrews government’s COVID-19 Omnibus bill, saying legislation allowing citizens to make arrests was an overreach.

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‘It means monthly’: Law firm partner schools barrister on Latin meaning of ‘menstrual’
Employment 2020-09-22 9:23 pm By Alison Eveleigh

The managing partner of a high-profile Sydney law firm has told the barrister cross-examining him that the word menstrual means “monthly” in Latin, when explaining an email in which he slammed the firmā€™s former general managerā€™s practice of billing clients on a “menstrual based cycle”.

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Victoria’s COVID-19 curfew decision ‘bizarre, capricious, arbitrary’, court hears
COVID-19 2020-09-22 9:09 pm By Miklos Bolza

A decision earlier this month to extend Victoria’s controversial COVID-19 curfew was “bizarre, capricious, arbitrary” and was made under pressure from the state’s Premier, a Victoria Supreme Court judge has heard.

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Judge awards $875,000 in damages for ‘disgraceful’ Facebook posts targeting Nats MP
Defamation 2020-09-22 5:02 pm By Christine Caulfield

A judge has awarded $875,000 in damages in a defamation case brought by Nationals MP Dr Anne Webster against a conspiracy theorist for a series of social media posts linking the politician and her husband to a child sex ring.

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WA Premier Mark McGowan lobs defamation claims at Clive Palmer
Defamation 2020-09-21 2:57 pm By Miklos Bolza

Western Australian Premier Mark McGowan has struck back at a defamation lawsuit by Clive Palmer, filing a counterclaim accusing the mining magnate of making a number of defamatory statements, including that he was a “liar” involved in “covering up” illegal activity.

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Judge ‘sick to death’ of pleadings fights in Robodebt class action
Class Actions 2020-09-21 2:39 pm By Alison Eveleigh

A judge has slammed the parties in the Robodebt class action for sparring over the pleadings, one week after the class was given leave to add a claim for exemplary damages and allege knowledge of the program’s unlawfulness on the part of several government officials and federal minister Alan Tudge.

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Battle over counterclaims against group members could change class action landscape
Class Actions 2020-09-21 2:05 pm By Miklos Bolza

An upcoming legal battle over whether counterclaims can be brought against non-party group members in a class action against a unit of recruiter Tandem could hamper bookbuilding efforts by making class actions less attractive to group members, an expert has told Lawyerly.

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