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Battle over counterclaims against group members could change class action landscape
Class Actions 2020-09-21 2:05 pm By Miklos Bolza

An upcoming legal battle over whether counterclaims can be brought against non-party group members in a class action against a unit of recruiter Tandem could hamper bookbuilding efforts by making class actions less attractive to group members, an expert has told Lawyerly.

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Isuzu to file cross-claims in $18M Directed Electronics copyright case
Intellectual Property 2020-09-21 1:08 pm By Miklos Bolza

Isuzu plans to lodge cross-claims against electronics company Directed Electronics and various third parties in an $18 million lawsuit accusing the commercial vehicle manufacturer of contract and copyright breaches and aiding a former employee’s alleged theft of company information.

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BHP worker sues after axing over COVID-19 social media posts
Employment 2020-09-18 10:37 pm By Christine Caulfield

A mine worker employed at BHP’s Olympic Dam is suing the company after she was sacked for allegedly harassing a co-worker on social media for their apparent failure to self isolate on returning from a trip interstate at the start of the first wave of COVID-19 cases in Australia.

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Settlement reached in shareholder class action against Vocation, auditor PWC
Class Actions 2020-09-18 10:33 pm By Cat Fredenburgh

A shareholder class action against Vocation that has spanned five years and spawned multiple cross claims against the failed training company’s auditor, law firm and individual directors, has reached an in-principle settlement.

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Oscar Wylee fined $3.5M for its ‘betrayal’ of consumers
Competition & Consumer Protection 2020-09-18 1:00 pm By Christine Caulfield

Eyewear retailer Oscar Wylee has been fined $3.5 million for its misleading ‘Buy a pair, Give a pair’ promotion, with a judge calling the representations “brazen” and “plainly deceitful”.

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‘Sad and tragic’: Court winds up Mayfair’s IPO Wealth Fund
Restructuring & Insolvency 2020-09-17 5:53 pm By Miklos Bolza

A  judge has ordered 17 companies connected to Mayfair’s “failed” IPO Wealth Fund to be wound up after finding the fund’s director put investor money at risk through “highly speculative” investments to make a windfall for himself.

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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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Mayfair director should not be put in charge of other people’s money, court told
Restructuring & Insolvency 2020-09-16 7:09 pm By Miklos Bolza

Companies associated with Mayfair’s IPO Wealth Fund should be wound up because they contained assets “artificially inflated” in value and ran what was effectively a Ponzi scheme, the Victoria Supreme Court has heard.

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State Street hit with $1.24M fine by AUSTRAC over reporting breaches
Financial Services 2020-09-16 3:27 pm By Christine Caulfield

AUSTRAC has slugged US financial services giant State Street Bank and Trust Company with a $1.24 million fine for failing to report international funds transfers in breach of anti-money laundering and counter-terrorism laws.

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