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Group members in Guvera class action could be left empty-handed
Class Actions 2021-02-22 3:29 pm By Spencer Fowler Steen

Group members in a class action against Oculus Accounting may not receive a payout after the company’s insurers refused to indemnify it against claims alleging the accounting firm was negligent in prompting an investment in failed music streaming platform Guvera.

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Surfstitch class action lawyers’ conduct not ‘egregious’, but payout should be capped, judge says
Class Actions 2021-02-22 3:19 pm By Miklos Bolza

A judge has signed off on a settlement in two shareholder class actions against clothing retailer Surfstitch, but has capped the legal costs and commissions sought by the litigation funders after finding the law firms behind the cases sent out notices to group members that were “misleading” and “understated” the risks of joining the class.

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‘Significant shortfall’: Recovery unlikely for investors of accused fraudster Melissa Caddick
White Collar 2021-02-22 1:44 pm By Cat Fredenburgh

Creditors of the company run by missing Sydney businesswoman Melissa Caddick are unlikely to recoup their investments, with a court hearing the accused fraudster has just $5,600 in her bank accounts.

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Banks will try to quash ‘incomprehensible’ indictment in ANZ cartel case
Competition & Consumer Protection 2021-02-22 1:26 pm By Miklos Bolza

Global investment banks and executives accused of engaging in criminal cartel conduct in relation to a $2.5 billion ANZ share placement in 2015 will seek to quash the “incomprehensible” indictment filed against them, claiming it is full of “fallacies”.

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Judge who called expert conclave a ‘car crash’ won’t recuse herself
Professional Negligence 2021-02-22 1:04 pm By Spencer Fowler Steen

A judge has refused to disqualify herself from hearing a complex medical negligence lawsuit after she described an expert conclave as a “car crash”, citing concerns over a psychiatrist giving opinions about liability in a surgical setting.

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Most employers won’t be able to require staff to get COVID-19 vaccine
Employment 2021-02-19 11:29 pm By Cat Fredenburgh

COVID-19 vaccinations will begin this week, but most employers won’t be able to force staff to get the jab.

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‘Novel and invasive’: Clive Palmer can’t get law firm docs for Queensland Nickel case
Restructuring & Insolvency 2021-02-19 10:59 pm By Miklos Bolza

Two Clive Palmer companies have again been blocked from accessing documents held by two law firms and a litigation funder to pursue a potential lawsuit against Queensland Nickel, with an appeal court dismissing the bid as “unmeritorious”.

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Hewlett-Packard loses appeal over sales commissions it capped ‘at whim’
Employment 2021-02-19 5:21 pm By Christine Caulfield

IT giant Hewlett-Packard Australia has lost its appeal of a judgment requiring it to cough up $370,000 in unpaid commissions to a former sales executive after a court found the company was not entitled to retrospectively cap her incentive payments ‘at whim’.

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‘I’m not having vague excuses about COVID in the UK’: Judge slams ex-Linchpin director
Financial Services 2021-02-18 6:54 pm By Spencer Fowler Steen

A judge will not let proceedings brought by ASIC against four former Linchpin Capital directors drag on, slamming a “vague” excuse from one of the directors, who awaits word from his insurers on whether his defence costs will be covered, that London is still in a state of “total confusion” due to COVID-19.

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Herald Sun exec’s honest opinion defence survives in case by ex-Labor MP Melissa Parke
Defamation 2021-02-18 6:13 pm By Spencer Fowler Steen

Former Labor MP Melissa Parke has failed in her bid to strike down the honest opinion defence of Herald Sun executive Dr Colin Rubenstein in her lawsuit alleging the director defamed her in an email and article relating to her 2019 pre-selection speech.

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