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Radio device planted on murdered Afghan villager, Ben Roberts-Smith trial told
Trials 2021-07-26 2:54 pm By Cindy Cameronne

A communications device was planted on an unarmed Afghan villager who was allegedly murdered by former SAS soldier Ben Roberts-Smith, a court overseeing the accused war criminal’s defamation trial has heard.

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Judge vacates Westpac insider trading trial despite ‘misgivings’
Financial Services 2021-07-26 2:46 pm By Miklos Bolza

A judge has vacated next year’s trial in ASIC’s insider trading case against Westpac despite “misgivings”, and has made orders regarding confidential evidence after the Australian financial watchdog argued that handing the material to the bank could damage its relationship with its Hong Kong counterpart.

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CBA class action applicant can’t share in group members’ privilege, court finds
Class Actions 2021-07-27 6:10 pm By Miklos Bolza

The lead applicant in a class action against CBA does not have the right to view fund management documents relevant to the case despite representing group members who share joint privilege with the bank over material, a judge has said, acknowledging the decision could create difficulties in class action proceedings.

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3A Composites fires off barrage of cross-claims in cladding class action
Class Actions 2021-07-23 6:51 pm By Miklos Bolza

The number of lawyers involved in a class action against 3A Composites over allegedly combustible cladding is set to balloon, with the German cladding manufacturer lobbing cross-claims against nine different parties.

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Law firm Levitt Robinson agrees to take down Google ads for Aveo class action
Class Actions 2021-07-23 2:41 pm By Miklos Bolza

Law firm Levitt Robinson has agreed to remove a series of Google ads promoting a class action against retirement home provider Aveo Group on behalf of residents over changes to the terms on which they could re-sell their units.

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Judge lashes Forum Finance director’s failure to comply with court orders
Financial Services 2021-07-22 9:57 pm By Miklos Bolza

A judge has issued an ultimatum to Forum Finance director Bill Papas for his “entirely unsatisfactory” conduct in failing to provide details of personal assets while defending three lawsuits that accuse him of being behind a $400 million fraud.

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Westpac’s profits relevant, judge says in imposing $3M fees-for-no-service penalty
Financial Services 2021-07-22 9:35 pm By Christine Caulfield

Westpac has been ordered to pay $3 million after two subsidiaries admitted misleading hundreds of superannuation customers about the financial adviser fees they were charged, a penalty that took into account the Big Four bank’s massive profits.

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Class action firm wants to intervene in FWO’s ‘entirely misconceived’ case against Woolworths
Employment 2021-07-22 3:46 pm By Cindy Cameronne

Employment class action law firm Adero Law is seeking to intervene in the Fair Work Ombudsman’s action against Woolworths, saying the “misconceived” proceedings have disrupted mediation in a class action against the supermarket chain for which 3,000 employees have registered.

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Judge lets two Boral class actions run, but warns about potential lawyer conflicts
Class Actions 2021-07-21 11:59 pm By Cat Fredenburgh

A judge has denied a law firm’s bid to stay a rival’s closed shareholder class action against construction giant Boral but warned courts must be alive to the potential for conflicts where lawyers stand to reap “very significant financial awards” from class action proceedings.

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QBE wins appeal in Opal Tower coverage row with Icon, but no success for Liberty
Insurance 2021-07-21 6:04 pm By Miklos Bolza

The Full Federal Court has found that Liberty Mutual Insurance, but not QBE, is required to cover Icon Construction’s losses stemming from the Opal Tower disaster, which has caused the builder $31 million in losses.

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