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Running class action trial from kitchen table ‘preposterous’, court hears
Class Actions 2020-09-18 4:43 pm By Christine Caulfield

Describing as “preposterous” the prospect of running a six-week trial in a class action against Crown Resorts from her kitchen table with three children at home, the Melbourne-based barrister for the lead applicant is again urging the Federal Court to declare the case a priority matter.

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Judge dismisses Macquarie bid for ‘irrelevant’ tax docs in underpayments suit
Financial Services 2020-09-17 2:39 pm By Alison Eveleigh

Three former Macquarie Bank financial advisors who claim the bank underpaid them have successfully appealed a decision ordering them to hand over personal tax assessments, with an appeals court finding that the most the bank could make of the documents was to “inflict a degree of embarrassment” on its ex-employees.

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Commonwealth Bank settles with ex-GM who blew whistle on bonuses
Employment 2020-09-17 2:12 pm By Cat Fredenburgh

Commonwealth Bank of Australia has resolved a lawsuit brought by a former general manager alleging he lost his job for blowing the whistle on a system allegedly used by staff to inflate their bonuses.

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Common fund orders under attack again in Takata airbags class action
Class Actions 2020-09-16 2:47 pm By Alison Eveleigh

Common fund orders are again under scrutiny in a class action which was at the centre of the High Court’s decision to strike down the orders, with a NSW Supreme Court judge sending back to the appeals court the question of whether the orders can be made at settlement.

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Mayfair director slams ‘erroneous’ Deloitte report in ASIC winding up case
Restructuring & Insolvency 2020-09-15 7:17 pm By Miklos Bolza

The director of besieged investment group Mayfair 101 has called for an investigation into the Australian Securities and Investments Commission, calling a winding up proceeding brought by the financial watchdog “a form of malicious prosecution” based on a “flawed fundamental misunderstanding” and supported by an erroneous report from auditor Deloitte.

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GetSwift agrees to notify class of asset transfer outside of Australia
Class Actions 2020-09-15 4:11 pm By Miklos Bolza

GetSwift has promised the Federal Court that it will inform the lead applicant in a shareholder class action if any of its assets are to be transferred outside of Australia, after the applicant raised concerns about the logistics company’s proposed relocation to Canada.

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Ernst & Young faces $12M damages claim over collapse of soda ash maker Penrice
Financial Services 2020-09-15 11:58 am By Cat Fredenburgh

Ernst & Young is facing a claim for $12 million damages in a lawsuit over its auditing of collapsed soda ash maker Penrice.

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FWC ‘misconstrued’ general protections authority, Full Court says in win for Coles
Employment 2020-09-14 6:00 pm By Christine Caulfield

A landmark judgment by the Full Federal Court has found that a full bench of the Fair Work Commission “misconstrued” its own authority to make general protections findings about the dismissal of employees.

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iSignthis’ John Karantzis hits Fairfax with defamation lawsuit over AFR article
Defamation 2020-09-14 5:45 pm By Alison Eveleigh

John Karantzis, the CEO of fintech company iSignthis, has launched defamation proceedings against Fairfax, targeting an Australian Financial Review article over the 900 per cent share price jump in Etherstack, a wireless radio tech company in which Karantzis owns shares.

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Facebook can’t escape privacy action with jurisdiction argument
Privacy & Cybersecurity 2020-09-14 2:33 pm By Christine Caulfield

Facebook’s argument that it can’t be sued by the privacy commissioner in Australia has fallen flat, with a judge rejecting the social media giant’s application to dismiss enforcement action brought in March over the disclosure of users’ personal data.

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