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‘Serious questions’ raised over conduct of lawyers, funder behind Banksia class action, judge says
Class Actions 2019-09-26 2:01 pm By Christine Caulfield

A judge overseeing a settled class action against failed Banksia Securities has rejected an application to limit a contradictor’s investigation of alleged professional misconduct on the part of the legal team and funder behind the case, saying he was satisfied there was a proper basis for the allegations.

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Funder booted from Banksia class action settlement scheme after intimidation claims
Class Actions 2019-08-30 5:02 pm By Miklos Bolza

A judge has removed the funder and law firm leading the Banksia Securities class action from their roles supervising a proposed settlement distribution scheme after the funder was accused of intimidation, a lack of experience and charging excessive costs.

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High Court upholds sacking of public servant over tweets
Employment 2019-08-07 5:13 pm By Amelia Birnie

The High Court has unanimously upheld the validity of the Australian Public Service code of conduct, after a former public servant mounted a freedom of speech challenge after being sacked for anonymously tweeting thousands of critical comments about government immigration policy and members of parliament.

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Third time unlucky: Mortgage firm loses another bid to stifle derivative suit over Macquarie sale
Securities 2019-06-26 2:25 pm By Amelia Birnie

An appeals court has dismissed a third attempt by directors of mortgage aggregator Connective Group to stifle a shareholder’s derivative lawsuit over a restructure that allowed the sale of 25 per cent of its business to Macquarie Bank.

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ACCC sues Sony over allegedly misleading PlayStation claims
Competition & Consumer Protection 2019-05-27 3:59 pm By Miklos Bolza

The Australian Competition and Consumer Commission has dragged video game giant Sony to court over allegedly deceptive and misleading claims made about games purchased on the PlayStation Network.

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Judge to rethink Glencore in-house counsel’s access to Cargill deal docs
Agriculture 2018-10-15 9:27 pm By Cat Fredenburgh

An appeals court has ordered the judge overseeing a fraudulent concealment trial over Cargill’s $420 million purchase of the Joe White malt business to reconsider his decision to allow an in-house lawyer at Glencore to access “highly confidential” deal documents.

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Viterra must pay Cargill’s costs for ‘pointless’ High Court appeal
Appeals 2018-10-09 4:23 pm By Cat Fredenburgh

Viterra has been hit with costs for persisting with a special leave application to the High Court seeking to compel Cargill to turn over emails exchanged with its lawyers at Allens during the sale of its Joe White Maltings business, even after Cargill agreed to waive privilege and produced the documents.

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Settlement talks can’t be admitted as evidence in Cargill, Viterra trial
Trials 2018-09-21 4:00 pm By Cat Fredenburgh

A judge in the high-stakes trial over the $420 million sale of Viterra’s Joe White malt business to Cargill has denied Cargill’s request to have settlement talks admitted as evidence, shooting down the agricultural giant’s argument that the talks were needed to challenge Glencore in-house counsel’s assertion that he is of good character and will not breach a confidentiality agreement.

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Glencore in-house counsel wins Cargill deal docs to mull settlement
Trials 2018-09-18 1:27 pm By Cat Fredenburgh

In-house counsel at Glencore has been granted access to “highly confidential” documents related to the possible sale by Cargill of its Joe White malt business so that he can mull a settlement offer.

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Cargill wins bid to call King & Wood Mallesons solicitor as a witness
Trials 2018-09-11 11:29 pm By Cat Fredenburgh

A judge has granted Cargill Australia’s request to call a King & Wood Mallesons solicitor that represented Viterra as a witness in the epic trial over the $420 million sale of Viterra’s Joe White business to Cargill in 2013.

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