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‘Very sad’: Cost of barristers’ fees for three days could have been avoided, FWC says
Employment 2021-08-23 8:41 pm By Cindy Cameronne

Barristers’ costs for a three-day hearing over alleged unfair dismissals of two childcare workers, which exceeded the $60,000 the workers were awarded, could have been avoided with a more “realistic” approach to negotiation, the Fair Work Commission has said.

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‘Dysfunctional work relationship’ with Pendal boss no cause for intervention, FWC says
Employment 2021-08-23 4:50 pm By Cindy Cameronne

A Pendal fund manager who accused his boss of constant insults and belittling has lost his application for an order to stop bullying, with the Fair Work Commission finding it was not within its jurisdiction to remedy a “dysfunctional work relationship”.

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Telegraph says art dealer’s ‘misrepresentation’ invalidates $50K settlement deal in defamation case
Defamation 2021-08-23 2:35 pm By Christine Caulfield

A $50,000 settlement agreement between Nationwide News and an art collector who alleged he was defamed by a Sunday Telegraph article was invalid because the dealer lied to the publisher, a court has been told.

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7-Eleven to pay $98M to settle franchisee class action
Class Actions 2021-08-20 1:48 pm By Cat Fredenburgh

Convenience store giant 7-Eleven has agreed to pay $98 million to settle two class actions accusing it of misleading franchisees, the largest class action settlement reached so far this year.

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Judge scolds Linchpin liquidators for ‘unsatisfactory’ conduct in class action
Class Actions 2021-08-20 4:31 pm By Miklos Bolza

A judge has criticised the liquidators of collapsed financial group Linchpin Capital after they failed to inform the court whether they intend to defend class action proceedings or if default judgment should be made against the company.

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Judge sets course to avoid ‘Brobdingnagian’ trial in PFAS class actions
Class Actions 2021-08-20 5:31 pm By Miklos Bolza

With mediation failing to resolve an expansive class action against the federal government over its use of allegedly toxic firefighting foam, a judge has charted a plan to avoid a “Brobdingnagian” trial and efficiently determine the claims of group members around eight military bases across Australia.

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‘Just a hope and a dream’: Judge threatens to toss ex-Linchpin director’s appeal of ASIC ban
Financial Services 2021-08-20 4:51 pm By Cindy Cameronne

A judge has blasted an ex-Linchpin director’s delay in appealing a five-year disqualification ordered by ASIC and threatened to dismiss the appeal after he failed to comply with court orders.

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Apple says Epic Games case should be stayed in light of ‘imminent’ US judgment
Competition & Consumer Protection 2021-08-20 3:50 pm By Cat Fredenburgh

Apple has told a judge a high-stakes competition lawsuit by Fornite game maker Epic Games should be temporarily stayed in light of a special leave application lodged with the High Court and an ‘imminent’ judgment from a US court.

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Law firm would have had onus of proof in Arrium cross-claim defence, judge says
Business of Law 2021-08-19 11:56 pm By Christine Caulfield

Herbert Smith Freehills this week escaped a cross-claim that its advice made it liable for the alleged losses of Arrium’s lenders, but the judge who tossed the claim along with the banks’ cases expressed doubts about one of the law firm’s key arguments, a warning to other firms caught up in litigation as so-called concurrent wrongdoers.

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ANZ flags fight over use of ASIC communications in sacked trader’s case
Employment 2021-08-19 3:01 pm By Cindy Cameronne

ANZ may fight to block a sacked trader from relying on his communications with ASIC in a case alleging he was fired after complaining about rate-rigging at the bank, saying it may be unlawful to use the documents, a court has heard.

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