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Judge strikes out CIMIC class action claims pleaded in ‘factual vacuum’
Class Actions 2019-09-10 12:02 pm By Miklos Bolza

Engineering services company CIMIC has won a challenge to the pleadings in a shareholder class action against it, with the Federal Court striking out deficient paragraphs but giving the class a chance to replead.

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Judge gives ACCC go-ahead to continue case against insolvent Jump
Competition & Consumer Protection 2019-09-10 10:40 am By Miklos Bolza

The Australian Competition and Consumer Commission has won its bid to continue proceedings against the insolvent operator of the Jump! swim school franchise and its director, with a court finding the case was in the public interest.

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Holding Redlich lawyer tells ICAC he ‘would never advise a client’ to cover up illegal donations
White Collar 2019-09-09 9:06 pm By Amelia Birnie

Holding Redlich national managing partner Ian Robertson has “categorically denied” that he advised the NSW Labor general secretary to cover up a $100,000 illegal political donation, telling ICAC that he “would never advise a client to behave in that manner”.

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Judge hands win to Starcom liquidator over insolvent trading period
Restructuring & Insolvency 2019-09-09 8:40 pm By Miklos Bolza

Two former directors of collapsed business and IT solutions provider Starcom Group have failed in their attempt to toss a referee’s report that found the company was insolvent 22 months before it was wound up.

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Ex-Tennis Australia directors lose bid for ASIC chats with witnesses
White Collar 2019-09-09 3:56 pm By Miklos Bolza

Two former directors of Tennis Australia can’t access chats between ASIC and other executives from the tennis body, with a judge finding the documents recording the communications with the potential witnesses were created in anticipation of litigation and were therefore privileged.

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Liquidators can find some Plutus workers’ claims not a priority, judge says
Restructuring & Insolvency 2019-09-09 2:47 pm By Cat Fredenburgh

The liquidators of Plutus Payroll Australia, the company at the heart of a high profile $105 million tax fraud, can determine that claims made during the liquidation by some of its 4,500 workers are not claims of employees and do not need to be prioritised.

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James Cook University hit with $1.2M judgment for sacking climate skeptic
Employment 2019-09-06 9:34 pm By Miklos Bolza

A court has ordered James Cook University to pay over $1.2 million to a controversial climate change professor who was sacked in a manner the judge found “reprehensibly unfair” and an “egregious abuse of power”.

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Google can’t get quick win in second defamation case by medical researcher
Defamation 2019-09-06 9:23 pm By Christine Caulfield

Google will need to mount a full defence over its liability for defamatory material in search results, after it lost its bid for summary dismissal of a second claim brought by a South Australian doctor over the availability of ‘Rip-off Report’ posts.

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LG to pay $160,000 for misleading customers about refund rights on faulty TVs
Competition & Consumer Protection 2019-09-06 9:17 pm By Christine Caulfield

Electronics giant LG has been ordered to pay a $160,000 penalty after its call centre workers misled two complaining customers about their rights to replace a faulty television or get a refund under the Australian Consumer Law.

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Judge frowns on ‘moronic approach’ to group member sign-up in Takata class actions
Class Actions 2019-09-05 9:59 pm By Miklos Bolza

The judge overseeing a group of class actions against car manufacturers over faulty Takata airbags has questioned a simplified group registration and opt out process proposed by the law firm leading the cases, saying it would “invite a moronic approach” to sign up.

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