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Deloitte partners can’t dodge production order after ‘outrageous’ removal of audit files, Full Court says
Class Actions 2020-02-27 10:00 am By Miklos Bolza

Deloitte has lost its appeal of a ruling in a shareholder class action over the collapse of Hastie Group that compelled the production of audit files taken by a partner from the accounting giant’s litigation room, in a ruling that described the actions of the partner as “bordering on contempt” and slammed Deloitte for “cynically” exploiting the situation.

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Privileges of partnership: Deloitte to learn fate of challenge to production order in Hastie class action
Appeals 2020-02-26 1:40 pm By Christine Caulfield

A ruling is expected Thursday in an appeal by the partnership of Deloitte over the production of audit files that were apparently stolen from the accounting giant’s litigation room, a high-stakes decision that will clarify the limits of a partnership’s right to claim privilege against self-incrimination.

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Judge allows docs despite ‘real risk’ of prosecution for ex-Directed Electronics manager
Intellectual Property 2020-02-17 11:44 am By Miklos Bolza

A former manager of Australian electronics automotive developer Directed Electronics OE has failed to block access to certain documents in a corporate theft case, despite the Federal Court finding they gave rise to a “real and appreciable risk” of civil or criminal prosecution against him.

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CFMEU’s John Setka says spat over member defection should be handled internally
Employment 2020-02-05 2:21 pm By Christine Caulfield

A bitter feud between the national office of the Construction Forestry Maritime Mining and Energy Union and union heayweight John Setka, who is accused of poaching members from the manufacturing division, should not play out in court, lawyers for Setka said Wednesday.

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ACCC to challenge dismissal of TPG case over non-refundable prepayments
Competition & Consumer Protection 2019-11-08 12:43 pm By Christine Caulfield

The consumer watchdog is appealing a ruling dismissing its case against TPG over contract terms that allowed the internet provider to keep customers’ unused prepaid funds on phone or internet plans.

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Full Federal Court rejects US exception to privilege against self incrimination
Appeals 2019-11-05 3:33 pm By Cat Fredenburgh

The sole director and shareholder of OE Solutions can challenge a ruling ordering him to hand over seized documents to Australian automotive electronics developer Directed Electronics OE, with the Full Federal Court declining to adopt US precedent that carves out an exception to the privilege against self-incrimination for corporate custodians.

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Western Union manager could not have known no-show employee had mental illness, Full Court says
Employment 2019-10-24 5:21 pm By Miklos Bolza

International money transfer giant Western Union has successfully appealed a $160,000 judgment in an employment discrimination case, with the Full Federal Court finding the firm’s HR manager could not have known the employee, who was absent from work for seven months prior to the dismissal, actually suffered from a mental disability.

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TPG ‘vindicated’ by dismissal of ACCC case over non-refundable customer prepayments
Competition & Consumer Protection 2019-10-11 3:41 pm By Amelia Birnie

Internet provider TPG says it has been “vindicated” by a judge’s decision to throw out the consumer watchdog’s case over allegedly unfair contract terms that allowed the telco to keep millions of dollars of customer’s unused prepaid funds.

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High Court asked to take up personal leave case after shift workers’ victory
Employment 2019-09-16 9:40 pm By Christine Caulfield

The Federal Government wants the High Court to weigh in on a landmark ruling last month that found food manufacturing giant Mondelez was short-changing its Tasmanian shift workers on their personal leave entitlements under the Fair Work Act.

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Pitcher Partners can’t escape $5.6M judgment over concealed accounting botch job
Appeals 2019-07-23 1:23 pm By Christine Caulfield

Pitcher Partners has lost it challenge to a ruling socking it with a $5.6 million bill for an accounting error concealed from client Neville’s Bus Service, with an appeals court saying there was a “clear and principled basis” to require the accounting firm to pay the sum awarded for loss and damage to the transport company.

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